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Full text of "The red book of Menteith. [With plates, including portraits, facsimiles and genealogical tables.]"



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Digitized by the Internet Archive 

in 2012 with funding from 

National Library of Scotland 



http://archive.org/details/redbookofmentev200fras 



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Contents of (Uoiume ^econo. 



TITLE-PAGE — Doorway of Priory of Inchmahome. 

GENERAL TABLE OF CONTENTS, 

ABSTRACT OF THE MENTEITH CORRESPONDENCE, 
CHARTERS, AND MISCELLANEOUS PAPERS, . 

ROYAL LETTERS, . . . . 

STATE AND OFFICIAL LETTERS, 

FAMILY AND DOMESTIC LETTERS, .... 

MENTEITH CHARTERS, ...... 

CHARTERS OF THE PRIORY OF INCHMAHOME, . 

APPENDIX OF PAPERS REFERRING TO QUEEN MARGARET 
AND THE CASTLE OF DOUNE, JACOBITE LETTERS, 
CHARTERS AND MISCELLANEOUS PAPERS, . 

ARMORIAL SEALS, WITH SIGNATURES, 

INDEX OF PERSONS, ...... 

INDEX OF PLACES, ...... 



Page 



V-lxxii 



73 


■159 


1 60 


206 


207 


3 2 S 


326- 


368 



3 6 9"4S 2 

453-46S 

469-53° 
531-556 



CONTEXTS OF VOLUME SECOND. 



ILLUSTRATIONS IN VOLUME SECOND. 

Page 

Portrait of Sir Thomas Hope, Lord Advocate, . between 124 and 125 



LETTERS, etc. 

Instructions by King Charles the First for William, seventh 

Earl of Menteith, 2d June 1630, . . . 30 and 31 

Letter by The Same to The Same (holograph), iSth June 1630, 32 and 33 

Letter by The Same to The Same (holograph), 18th June 1630, 32 and 33 

Letter by The Same to The Same (holograph), 31st July 1631, . 36 and 37 

Letter by The Same to The Same as Earl of Strathern (holograph), 

17th July 1632, . ... • ■ • 4° and 41 

Letter by The Same to William, Earl of Strathern (holograph), 

15th August 1632, ..... ^2 and 43 

Letter by The Same to The Same (holograph), 30th August 1632, 42 and 43 

Letter by King Charles the Second to William, Earl of Airth 

(holograph), 19th November 1650, . . ■ 66 and 67 

Letter by Rob Roy (holograph), 24th June 171 1, . - . 448 and 449 

CHARTERS. 

King William the Lion to William Noble, of lands in Kilpont 

and Ilieston, circa 1200, . 206 and 207 

Sir Ralph Noble, son of William Noble, to Sir David of Graham, 

and Agnes his spouse, of lands in Kilpont, circa 1245, . 20S and 209 

Thomas Noble, son of Sir Ralph Noble, to Sir David of Graham 

and his spouse, of lands in Ilieston [30th January 1255], . 208 and 209 



CONTENTS OF VOLUME SECOND. 




iii 


Illustrations in Volume Second — Charters — continued. 




Ralph Noble, son of Sir Ralph Noble, resigning lands of Ilieston 


Page 




in favour of his brother Thomas [30th January 1255], between 210 and 


21 1 


Sir John Russell and Isabella, Countess of Menteith, his spouse, 






to Sir Hugh of Abernethy, of lands in Aberfoyle, circa 






1260, . 


212 and 


213 


King Alexander the Third, confirming a gift by Walter Stewart, 






Earl of Menteith, to Gilbert, son of Sir Gilbert of 






Glenkemy, of the half of Broculy, 14th August [1267], . 


216 and 


2 17 


Murdach, Earl of Menteith, to Gilbert of Drummond, of the 






western half of the town of Boquhaple, circa 1330, 


226 and 


227 


Indenture by Andrew Mercer, Lord of Mekylhour, between 






Robert, Earl of Fife and Menteith, and John of Logy, 






concerning the lands of Logy and Strathgartnay [15th 






May] 1385, ...... 


260 and 


261 


Charter by Robert, first Duke of Albany, to William de Hay 






of Errol, Constable of Scotland, of the barony of Colly, 






on a resignation by William Fraser of Philorth, dated 






14th May 1415, . ..... 


284 and 


285 


Armorial Seals. Woodcuts of — 






Murdach, second Duke of Albany, as Justiciar North of the 


Forth, 




1392, ....... 




269 


Malise Graham, first Earl of Menteith, 1453, 




297 


William Graham, third Earl of Menteith, 1539, 




j 12 


The Priory of Inchmahome, 1562, .... 




3S 2 



CONTENTS OF VOLUME SECOND. 



Illustrations in Volume Second— ce7iti?med. 



Signatures. Woodcuts of- 

King Charles the First, 1627, 
The Same (initials), 1630, 
Sir William Alexander, 1630, 
King Charles the Second, 1650, . 
Thomas, first Earl of Haddington, 1629, 
William Graham, first Earl of Airth, 1639, 
General George Monck, 1657, . 
John Grahame of Claverhouse, 1679, 
James, third Marquis of Montrose, 1679, 
William Graham, eighth Earl of Menteith, 1679, . 
Alexander Graham, second Earl of Menteith, 1503, 
William Graham, third Earl of Menteith, 1539. . 
Margaret, Queen of Scotland, 1528, 
King James the Sixth, 1578, 1580, 
King James the Eighth, 1720, 
Prince Charles Edward, 1745, . 



Page 

1 

32 

35 

68 

80 

iS7 

159 

172 

i73 
i77 

307 
312 

3S9 

412, 417 

426 

428 



abstract of tt)e £@entettt) Correspondence. 



ROYAL LETTERS. 

Letters from King Charles the First to William, seventh 
Earl of Menteith, and others. 

PAGE 

1. Thanking him fur public services rendered, and promising to remember 

the same when opportunity occurred ; further, desiring him to continue 
his oversight of Lord Gray's eldest son, and to have him brought up in 
"the religion presentlie professed." Whitehall, 12th May 1627, 1 

2. Thanking him as above ; asking his opinion on certain matters to be 

communicated to him by Sir Archibald Acheson, and desiring him, 
after certain things had been brought to a point, to repair to Court. 
Whitehall, 18th October 1627, 2 

3. Giving directions regarding public matters. Whitehall, 11th February 

1628, 3 

i. Kequiring him to repair to Court after the 23d April, to give his opinion 
regarding the decree to be made upon the Submission. Whitehall, 13th 
March 1628, 4 

5. Approving of his resolution to stay until he could bring the Submission 

signed, and directing him to repair thereafter to Court to consult on 
certain matters of business. Whitehall, 11th April 1628, 5 

6. That he had been petitioned by the friends of the late David Tossach of 

Minivaird to call to account Laurence Bruce, younger of Coulmalindy, 
and others, for the slaughter of the said David Tossach ; and desiring 
to punish such a crime, he directs that justice should be administered 

upon the said persons. Whitehall, 11th July 1628, 6 

a 



ABSTRACT OF THE ME NT E IT H CORRESPONDENCE. 



PAGE 

7. Giving instructions regarding the King's intended visit to Scotland and other 

public matters. 22d July 1628, 7 

8. Desiring him to continue his efforts to have the valuation of the tithes 

settled. Southwick, 28th August 1628, 8 

9. That he did not intend to interfere with the rights of those who had 

regalities, and signifying his pleasure that Menteith and the Judges 
appointed for the Circuit Courts should require the lords of regalities or 
the bailies to sit with them in Court for the administration of justice. 
Whitehall, 20th October 1628, 8 

10. Requiring him to apprehend Sir John Ogilvy of Craig and his brother 

George, who openly continued to profess Popery, to the great scandal of 
the religion presently professed ; to commit them to some of " our sure 
wardes," and to take a similar course with others giving a like just cause 
of offence. Whitehall, 28th October 1628, 9 

11. States that he had required the ministers of Edinburgh to proceed to the 

administration of the sacraments, which they had delayed on account of 
some turbulent persons who were unwilling to communicate ; that he had 
commanded the magistrates to keep order among the people ; that he had 
written to the Lords of Session to participate in the sacrament with the 
people in the Church of St. Giles, and now desiring the Earl to be 
present and countenance that holy action. Whitehall, 27th November 
1628 10 

12. Desiring to confer with him, and stating that he left it to himself to fix 

a time for repairing to Court. Whitehall, 12th December 1628, 11 

13. Promising him a sum of five thousand pounds sterling for services rendered. 

Whitehall, 21st April 1629, 12 

14. Empowering them to fill up the dates in the patents of the Baronetcies of 

Nova Scotia as they should think fit. Greenwich, 2d May 1629. 
[Original at Gartmore], 12 

15. Giving instructions regarding public business — surrender of heritable offices, 

baronets of Nova Scotia, etc. Greenwich, 7th June 1629, 14 



LETTERS FROM KIXG CHARLES THE FIRST. vii 

PAGE 

1 6. King Charles the First to John Earl of Mar, Lord Treasurer, and others, 

authorising him to pay the arrears of pension due to John Earl of Carrick, 
and to pay the same yearly thereafter. Greenwich, 29th June 1629, ... 15 

17. The Same to William, seventh Earl of Menteith, desiring him to repair to 

Court, to confer regarding the matters of which he had been lately 
instructed. Theobalds, 28th July 1629, 16 

IS. The Same to The Same, instructing him regarding public business. Circa 

28th July 1629, 17 

1 9. The Same to The Same and others, directing him to consider the enclosed 

overtures which had been submitted to his Majesty regarding tithes and 
report his opinion, meanwhile taking steps to prevent the leading of 
tithes this year. Theobalds, 28th July 1629, 18 

20. The Same to George Viscount Dupplin and others, empowering them to 

purchase from the Lord of Lome the justiciary of the North and West 
Isles, as it had been represented to his Majesty by the Earl of Seaforth, 
for himself and others, that the present arrangement might tend to their 
disadvantage ; and also to ascertain from the Earl of Seaforth how much 
he and those for whom he was acting would contribute towards the 
said purchase. Theobalds, 20th September 1629, 19 

21. The Same to William, seventh Earl of Menteith, directing him to order the 

Judges of the Circuit Courts to give parties cited before them copies of 
their indictments according to the time limited by a late ordinance of the 
Privy Council, and to instruct the said Judges to proceed in a moderate 
manner to put in execution such statutes as were most agreeable to the 
King's pleasure and to the laws of the kingdom. Hampton Court, 29 th 
September 1629, 20 

22. The Same to The Same, that as the latter was willing to surrender his 

right to the lands of the royal property lying within the earldom of 
Strathern, the King had instructed his advocate to draw up a surrender 
to be signed by Menteith, whom he left to prosecute his right against all 
others for all other lands which he could justly claim ; further, promising 
a reasonable satisfaction for the said surrender. Hampton Court, 29 th 
September 1629, 21 



ABSTRACT OF THE MENTEITH CORRESPONDENCE. 



PACE 

23. The Same to The Same, approving of the agreement which had been made 

between Sir William Alexander, the King's secretary, and some of the 
Highland chiefs and others, for transportation of themselves and their 
followers to Nova Scotia for settlement in that colony, and directing the 
Earl to take steps to procure voluntary contributions for effecting the 
purpose in view. Hampton Court, 17th October 1629, 22 

24. The Same to The Same, directing him to inquire into and settle the 

differences between the widow of Carron and Ballindalloch. Whitehall, 

3d November 1629, 23 

25. The Same to The Same, directing him to treat with the Laird of Smeeton 

for the purchase of the tithes of the lands of Marple and Trappan for 
the benefit of those serving in the Chapel Eoyal, the lands having been 
purchased by King James the Sixth ; and to require the Chancellor and 
keepers of the seals not to pass any new grants of the lands or tithes 
until the King's further pleasure should be known. Whitehall, 6th 
November 1629, 23 

26. King Charles the First to Sir John Hamilton of Magdalens, Lord 

Clerk Kegister, directing him to show the records under his charge to 
the Earl of Menteith, who intended to search for certain writs ; to give 
him such as, in the opinion of the advocate, were necessary to the business • 
in hand, and such extracts as he required. Whitehall, 9 th November 
1629, 24 

27. The Same to William, seventh Earl of Menteith, directing him to inquire 

into the standing and services of certain suitors for titles of honour ; that 
those of them who had any heritable office, sheriffship, etc., should first 
agree about the demission of the same ; and that of those who had no 
such office a reasonable number should be dealt with towards the 
plantation of Nova Scotia, for whom the advocate would make out 
patents. Whitehall, 26th November 1629, 25 

28. The Same to John Earl of Mar, Lord Treasurer, directing him to pay the 

sum of five hundred pounds to the Earl of Menteith for money expended 
upon robes for the Judges of the Circuit Courts — to be paid out of the 
fines levied in the said Courts. Whitehall, 30th November 1629, 26 



LETTERS FROM KING CHARLES THE FIRST. ix 

FAGE 

29. The Same to William, seventh Earl of Meuteith, directing him to hold a 

Court at Jedburgh for the trial of certain thieves and rebels who had 
been apprehended by Sir Eichard Grahame, and to admit probable and 
apparent circumstances and presumptions for their condigne punishment, 
in the absence of direct proof. Whitehall, 30th December 1629, 27 

30. The Same to The Same, directing him to call and put upon trial certain 

lewd persons who had opposed the son of the Viscount of Drumlanrig 
in apprehending three rebels ; also to apprehend the said rebels. White- 
hall, 9th February 1630, 27 

3 1 . List of Persons referred to in the preceding letter, 28 

32. King Charles the First to William Earl of Strathern, charging him to pay 

to the agents of the Duke of Lennox certain fines which had been levied 
in the Circuit Courts within the regality of Glasgow. Whitehall, 29th 
March 1630, 29 

33. The Same to William, seventh Earl of Meuteith, directing him to repair to 

Court immediately after the Justice Courts in Dumfries had been held, 

to consult regarding public business. Whitehall, 13th April 1630, 30 

34. The Same to The Same. To deal with the Deputy -Treasurer regarding the 

surrendering of his charge. Whitehall, 25th May 1630, 31 

35. The Same to The Same. Instructions on public matters. St. James's, 

2d June 1630, 31 

36. The Same to The Same, signifying his pleasure that the latter would call 

upon all the King's servants " to show themselfes reallie to bee soe at this 
Conuention." The King especially mentions the Chancellor, Mar, and 
Haddington. St. James's, 18th June 1630, 32 

37. The Same to The Same. The same subject, with special reference to the 

Archbishop of St. Andrews. St. James's, 18th June 1630, 33 

38. The Same to The Same, directing him to deal again with Lord Napier with 

reference to the surrender of the latter's office of Deputy-Treasurer, and that 
if he did not yield to any fair proposition made thereanent, he should 
be put upon trial for anything that could be justly brought against him 
in the execution of his said office. Tichbourne, 12th August 1630, 33 



ABSTRACT OF THE MENTEITH CORRESPONDENCE. 



PAGE 

39. The Same to The Same. Instructions regarding public matters. Hampton 

Court, 12th October 1630, 34 

40. The Same to The Same, directing him to repair to Court to consult 

regarding certain things. Hampton Court, 11th October 1630, 35 

41. Louis xiii. King of France to the Count de Montide (the Earl of Menteith), 

thanking him for the protection he had given the Catholics in Scot- 
land, and begging him to continue the same. Paris, 21st December 
1630, 36 

42. King Charles the First to William Earl of Morton, directing him to pay to 

the Earl of Menteith eight thousand pounds sterling, with interest, out of 
moneys which he would receive from the Viscount of Dupplin, according 
to his Majesty's commands. Whitehall, 27th February 1631, 36 

43. The Same to William, seventh Earl of Menteith, desiring, with reference to 

the " reseruations for the fishing business," that he would keep certain 
places from being reserved. Oatlands, 3 1 st July 1631, 37 

44. The Same to The Same. Private instructions regarding matters of business. 

Oatlands, 31st July 1631, 38 

45. The Same to William Earl of Strathern and Menteith, directing him to be 

present at the forthcoming meeting of Council at Perth, and immediately 
thereafter to repair to Court. Theobalds, 15th September 1631, 38 

46. The Same to William Earl of Morton, Treasurer, and the Lord Traquair, 

Treasurer-Depute, charging them to pay to the Earl of Strathern, 
President of the Council, the remainder of a sum clue to the said Earl, 
according to the precepts which he held from the King. Whitehall, 30th 
November 1631, 39 

47. The Same to Viscount Dupplin, Chancellor, and others, Commissioners of 

Exchequer in Scotland, that he had signed a grant of £15,000 sterling 
to the Earl of Strathern, and desiring them to expede the said grant 
according to the tenor thereof, and to make acts of Exchequer thereupon. 
Whitehall, 13th January 1632, 40 



LETTERS FROM KING CHARLES TEE FIRST. 



XI 



48. The Same to William Earl of Strathern, desiring to confer with him before 

he brought the fishing business to a close, and to consult upon other 
matters. Newmarket, 14th March 1632, 41 

49. The Same to The Same, chargiug him to command Lord Ochiltree, who 

was not likely to receive such a severe sentence as his fault deserved, not 
to come within fifty miles of the Court, upon pain of his Majesty's 
severest displeasure. Oatlands, 17th July 1632, 41 

50. The Same to the Commissioners of Teinds, approving of the steps they had 

taken in the matters of the tithes and valuations ; directing them to go on 
as they had begun until the business was finished ; and to take care to 
have the valuations rectified in cases in which the tithes were under- 
valued, loth August 1632. [Copy at Gartmore], 42 

51. The Same to William Earl of Strathern, that as he intended to proceed to 

Scotland next year, it was necessary the town of Edinburgh should have 
a "well chosen" provost. He therefore commands the Earl to prohibit 
them from choosing any " unconforme " man for the place, expecting they 
will choose one of those he had recommended, though they had been 
thus left to their own free choice. Bewlie, loth August 1632, 43 

52. The Same to The Same, that he had thought he would not be again 

troubled with these " two businesses." With regard to Carrick, he did not 
think a warrant was necessary to prevent him from buying land, but if 
so, the present letter would be sufficient ; with reference to Ochiltree, the 
King had already given directions regarding what should be done with 
him. Bagshott, 30th August 1632, 43 

53. The Same to The Same, authorising and requiring him to put to torture 

John Meldrum, who was suspected of being concerned in the death of 
Viscount Melgund and others, with the view of inducing him to make a 
confession. Hampton Court, 27th September 1632, 44 

54. The Same to The Same. States that as a complaint had been made on 

behalf of the Marquis of Huntly that the trial of one Toschoch, touching 
the death of Viscount Melgund, had been delayed by the Justice-Deputes, 
he should use all lawful means to have the matter tried. Hampton 
Court, 27th September 1632, 44 



ABSTRACT OF THE MENTEITE CORRESPONDENCE. 



55. The Same to Viscount Dupplin, Chancellor, and others, to make the 

necessary preparations for his Majesty's intended visit to Scotland nest 
summer ; to consider what offices were necessary during his stay there ; 
and to submit suitable names for the same for his Majesty's selection. 
If a commission were necessary, the Lord Advocate would furnish one. 
Hampton Court, 3d October 1632, 45 

56. The Same to William Earl of Strathern, that as he had agreed according to 

the King's command with Lord Holyroodhouse for the disposition of the 
house and precincts of the lordship of Holyroodhouse to his Majesty, he 
should command him to have no other bargain with any other person for 
the same till Whitsunday next, when the sum agreed upon would be 
paid ; and also, if necessary, to order the Commission of Surrenders to 
have no dealings with the teinds of the said lordship. Whitehall, 9 th 
December 1632. [Original at Gartmore], 46 

57. The Same to The Same, that he had given warrant to the Lord Advocate 

to consult Andrew Aytouu, Thomas Nicolson, and Lewis Stewart, 
advocates, whether it would be better for the King's service that the 
services and retours whereby the Earl of Strathern was served and 
retoured to the late David Earl of Strathern and the late Countess of 
Strathern, should be reduced or deleted from the registers ; and command- 
ing him to put them upon oath, and cause them to deliver their opinion 
in writing, and to keep the matter secret. Whitehall, 9th December 
1632. [Original at Gartmore], 47 

58. The Same to The Same, directing him to inform himself of the progress 

made by the Commission formerly appointed for the revision of the 
Acts of Parliament ; to desire the Commissioners to have everything 
connected with the Commission in readiness against the King's coming to 
Scotland next spring ; and to request the Senators of the College of 
Justice to aid in furthering the work. Whitehall, 14th December 
1632, 47 

59. The Same to The Same, that he had written the advocate to pursue George 

Nicoll for calumnies, and commanding him to be punished. Whitehall, 
21st December 1632, 48 



LETTERS FROM KING CHARLES THE FIRST. xiii 

PAGE 

60. The Same to William Earl of Airth, President of the Privy Council of 
Scotland, that if in the action of reduction of the services to David Earl 
of Strathern and Euphemia Countess of Strathern the Earl of Airth 
were evicted from his barony of Kilbride, it would be immediately 
disponed to him heritably, as the King had been pleased with his good 
offices in this business of Strathern. Whitehall, 21st January 1633, ... 49 

6.1. The Same to William Earl of Strathern, to cause his deputes to stop the 
proceedings against George Nicoll (vide No. 59), as he had required the 
Council to conduct this action. Whitehall, 23d February 1633, 49 

62. The Same to the Commission anent the Earl of Airth' s process, to inquire 

into and report upon certain treasonable speeches which the Earl of 
Airth was reported to have made claiming to have a better right to the 
Crown than the King himself. Whitehall, 1st May 1633. [Old copy 
of this and Nos. 64 and 65 at Traquair], 50 

63. The Same to The Same, that Lord Ramsay, Constable of Dundee, the Earl 

of Wigtown, and Sir James Maxwell of Calderwood, were the authors of 
the reports of the treasonable speeches of the Earl of Airth, and com- 
manding them to be called and examined, and their examinations 
transmitted to his Majesty with all diligence. 1633, 51 

64. The Same to the Chancellor, with commission for the trial of the Earl of 

Airth, naming the Commissioners, and directing the trial to be proceeded 
with. Whitehall, 1st May 1633, 52 

65. The Same to William Earl of Airth, giving him leave to retire to any of 

his country houses till his Majesty should come to Scotland. Whitehall, 
7th May 1633, 53 

66. The Same to Mr. Thomas Nicolson and three other advocates, to appear 

as counsel for the Earl of Airth. [Original at Gartmore.] Holyroodhouse, 
23d June 1633, 53 

67. The Same to William, seventh Earl of Menteith, to expede the signature 

for the title of honour which his Majesty had resolved to confer on Sir 
William Alexander, Principal Secretary for Scotland. Circa June 1633, 54 

b 



ABSTRACT OF THE MENTEITH CORRESPONDENCE. 



PAGE 

68. King Charles the First to the Earl of Traquair, to assure the Earl of Airth 

of pardon if he made such a confession as would satisfy his Majesty. 
Seaton, 1 4th July 1633. [Original at Traquair], 54 

69. The Same to Archbishop Spottiswoode, directing steps to be taken for the 

relief of the Earl of Airth and the security of his creditors and cautioners. 
Circa 1633. [Old copy at Traquair], 55 

70. King Charles the First. Measures which he had resolved for the relief 

of the Earl of Airth. Circa 1634, 56 

71. The Same, on the same subject. Whitehall, 24th February 1634, 56 

72. King Charles the First to the Earl of Kinnoull, to make payment to the 

Earl of Airth of the remainder of the £10,000 which had been assigned 

to him. Whitehall, 12th January 1635, 57 

73. The Same to William Earl of Airth, thanking him for apprehending the 

eldest brother of Gilderoy. Hampton Court, 28th December 1636, ... 58 

74. The Same to William Earl of Morton, Treasurer, and the Earl of Traquair, 

Treasurer-Depute, to pay to the Earl of Airth a certain sum of money. 
Whitehall, 7th November 1637, 58 

75. The Same to William Earl of Airth, thanking him for not taking part 

with the Covenanters. Whitehall, 19th March 1639, 59 

76. The Same to John Lord Kilpont. The same subject. Durham, 2d May 

1639, 59 

77. King Charles the First to William Earl of Airth, to treat with the Earl 

of Mar regarding his surrender to the Crown of his heritable sheriffship 
of Stirlingshire, chamberlainry of the lordship of Stirling and bailiary 
thereof, and of the heritable keepership of the Castle of Stirling and 
park thereof. Berwick, 27th June 1639, 60 

78. The Same to The Same, commanding him to attend and assist the Com- 

missioner at the ensuing Assembly and Parliament, and to influence his 
friends and others to the same end. Berwick, 27th July 1639, 61 

79. The Same to The Same. To repair to Court to consult on public business. 

Whitehall, 20th November 1639, 61 



LETTERS FROM KING CHARLES THE FIRST, ETC. xv 

PAGE 

80. King Charles the First, granting to William Earl of Airth and Menteith 

a tack of the lordships of Fife and Menteith. Holyroodhouse, 29th 
October 1641, 61 

81. King Charles the First to the Lords of the Treasury. To expede the tack 

of the lordships of Fife and Menteith, granted to the Earl of Airth. 
Holyroodhouse, 12th November 1641, 64 

82. The Same to the Lords Commissioners of the Treasury. To take some 

means of paying what still remained of the debt due to William Earl of 
Airth. York, 29th March 1642, 65 

83. The Same to the Lords of the Treasury. To pass the lease granted to the 

Earl of Airth, or take other means to satisfy his claims. Beverley, 1 8th 
July 1642, 65 

84. King Charles the First to the Lords Commissioners of the Treasury, 

directing that the sum due to William Earl of Airth, which was still 
unpaid, should be forthwith paid out of certain taxes. Oxford, 18th 
March 1643, 66 

85. King Charles the Second to the Earl of Airth, thanking him for his own 

and his family's services to the royal family. Perth, 19th November 
[1650], 67 

86. King Charles the Second, ratifying the warrant for £7000 granted by 

King Charles the First to the Earl of Airth. Portend, 10th February 
1651, 68 

87. King Charles the Second, requiring William Graham of Gartmore and 

Patrick Monteith of Ardinbeg to guard the passes at Newbridge on the 
Forth ; to apprehend all fugitives, and take possession of their means. 
Kilsyth, 12th July 1651. [Originals of this and Nos. 88 and 89 at 
Gartmore], 69 

88. King Charles the Second, requiring John Graham of Duchray and Walter 

Graham of Glenny to assist William Graham and Patrick Monteith in 
apprehending fugitives from the army. Stirling, 28th July 1651, 69 

89. King Charles the Second, relieving the lands of Gartmore and Arnebeg 

from quarterings and cess. Stirling, 30th July 1651, 70 



ABSTRACT OF THE MENTEITH CORRESPONDENCE. 



PAGE 

90. King Charles the Second to the Lords Treasurers and Commissioners of 

the Exchequer in Scotland, requiring them to pay to William Earl of 
Airth the sum of £500, which had been owing to his grandfather, 
William Earl of Menteith. Hampton Court, 1 4th July 1662, 71 

91. The Same to The Same. On the same subject. Whitehall, 2d June 1665, 71 



STATE AND OFFICIAL LETTERS. 

92. Alexander, first Earl of Dunfermline, Lord Chancellor, to William, seventh 

Earl of Menteith, committing the bearer, his cousin, to his care. Edin- 
burgh, 30th January 1619. [Originals of this and the five following Nos. 
at Gartmore], 73 

93. The Lords of the Privy Council of Scotland to The Same, to attend and 

assist during the month of June as one of the Commissioners for Sur- 
renders. Holyroodhouse, 12th April 1627, 74 

94. The Same to The Same, requesting him to attend the next meeting of 

Council. Holyroodhouse, 19th April 1627, 74 

95. John Spottiswoode, Archbishop of St. Andrews, to William Earl of Menteith, 

President of the Privy Council, acquainting him of the movements of 
certain Roman Catholics, etc. Dairsie, 8th September 1628, 75 

9 6. The Same to The Same. Information regarding the Master of Oliphant's com- 
municating in the Church of Kinnoull. St. Andrews, 1 7th November 1628, 76 

97. The Same to The Same, giving advice as to the treatment of excommuni- 

cated Papists and recusants. St. Andrews, 23d November 1628, 77 

Letters from Thomas, First Earl of Haddington, to William, 
Seventh Earl of Menteith. 

98. That his conduct in regard to the State had delighted the well-disposed ; 

that a number of the great men who were inclined to Popery intended 
either to go abroad, if permitted, or to stay near the Court, etc. Edin- 
burgh, 24th March 1629, 78 



LETTERS OF THE EARL OF HADDINGTON. 



PAGE 

99. Suggesting that he should take the opportunity of being near his Majesty 
to inform him of the dangerous consequences of the Marquis of Huntly's 
being received at Court ; that the Viscount of Drurnlanrig and Sir 
Bichard Graham had apprehended a number of Border outlaws, and 
that if they and others received encouragement from his Majesty, the 
disorders would soon be repressed. April 1629, 80 

100. Desiring his assistance in the Council in the discussion of the "great 

businesse" between the Earl of Seafort and the burghs, and between the 
Lord of Lome and the Islanders ; to intercede with his Majesty for the 
remission of certain fines, etc. Edinburgh, 1st April 1629, 81 

101. That he had convened those of the Parliament that were in town ; he had 

read to them the Earl of Menteith's letter regarding the Countess of 
Nithsdale; and further prosecution of the matter was delayed until his 
Majesty's pleasure is known. Edinburgh, 7th April 1629, 83 

102. Regarding the Countess of Nithsdale's excommunication ; also the treatment 

of the Border outlaws. 13th April 1629, 84 

103. Regarding the admission of Papists to the Council ; the Lord of Lome and 

the Islanders ; and thefts of cattle and horses by James Grant of Carron 
from Grant of Ballindalloch and his tenants. 16th April 1629, 85 

104. The Privy Council of Scotland to King Charles the First, complaining of 

Hollanders engrossing the whole trade and fishing in the North Isles. 
Holyroodhouse, 28th July 1629. [Originals of Nos. 104 to 150 in- 
clusive at Gartmore], 87 

105. The Privy Council of Scotland to the Noblemen and others appointed on 

the part of Scotland anent a treaty as to fishing ; result of a conference 
with the Commissioners from the burghs. 21st April 1631, 88 

106. William Earl of Strath ern to King Charles the First ; opposition of clergy to 

Commission of Tithes ; illness of the Clerk-Register. Circa November 
1632, 90 



xviii ABSTRACT OF THE MENTEITH CORRESPONDENCE. 



Letters from Sir William Alexander, afterwards Earl of Stirling, 
to William, Seventh Earl of Menteith. 

PAGE 

107. That the Duke of Buckingham had been killed at Portsmouth by Lieutenant 

Feltoun. Southwick, 23d August [1628], 91 

108. That the Duke's death had caused a great change at Court ; that the best 

service Menteith could do was to " further the Circuite Courts." South- 
wick, 1st September [1628], 92 

109. Desires him to settle, if possible, the differences between Lord Mar and 

Lord Napier ; states also that " Lord Nithsdale is laboureing for a letter 
to the Councell that his Ladie may not be troubled." Hampton Court, 
27th September [1628], 92 

110. Regarding certain intended prosecutions ; also in what manner the Judges 

should treat the Lords of Regalities in the Circuit Courts. London, 
23d October [1628], 94 

111. Desiring him to convene the Commissioners as speedily as possible] that 

there was nothing at Court but vexations and divisions, every man working 
against another, and few or none for the public. London, 15th November 
[1628], 95 

112. Giving an account of a meeting of the Commissioners in London ; further 

dissuading Menteith from coming to Court at present. London, 18th 
November [1628], 96 

113. That the King had been pleased with the latter's letter ; refers also to a 

matter between the writer (Sir William) and Lord Eothes. London, 26th 
November [1628], 98 

114. That the King was vexed with the divisions among "our countriemen," 

which made both parties the more distasteful to him; he left it to 
Menteith himself as to whether he should go to London ; no grants were 
to be made out of the penal statutes, but means might be found to pay 
the pension of Menteith, etc. London, 2d December [1628], 99 

115. Refers to Menteith's expectation of a reward; the writer thinks it well 

founded, but states that the mention of such a thing at present " would 
make one vngracious." London, 16th December [1628], 100 



LETTERS OF SIR WILLIAM ALEXANDER. xix 

PAGE 

116. That the King was pleased with the latter's apprehending Sir John Ogilvie ; 

refers also to the exhibition of rights of tithes to his Majesty's advocate. 
London, 26th December [1628], 101 

117. Signifying his Majesty's pleasure that he should come to Court, as the 

Commissioners would meet before the King went to Newmarket. London, 
27th December [1628] 103 

118. He was sorry to hear of the Lord Advocate's " stryfe for place ; " his 

business of the baronets was proceeding slowly, etc. London, 19th 
November [1629], „ 103 

119. That the King desired the Commissioners to repair to London ; that the 

writer had sent home a warrant for making baronets, to be filled up as 
Menteith and the Lord Advocate should think best. London, 2d 
December [1629], 104 

120. Information regarding bonds, etc. ; that there was a disagreement among 

the English courtiers. London, 1st January [1630], 105 

121. That Lord Gordon had received orders for a Commission against the Papists ; 

that his Majesty did not desire Lady Huntly's daughters should be taken 
from her, but relieved from the horn. London, 12th January [1630],... 107 

122. That Lord Napier had not yet returned to Scotland ; had got his " vnawork- 

able bakband " delivered to the writer's colleague ; refers also to other 
bonds, etc. London, 16th January [1630], 108 

123. Referring again to Lord Napier; also of the means to be taken to raise 

money on the writer's account. London, 21st January [1630], 109 

124. Regarding the delivery of Menteith's surrender, etc. London, 9th February 

[1630], Ill 

125. That the change in the Treasurership had been agreed upon and approved 

by the King. London, 20th March [1630], 112 

126. That the King intended to write for him to consult on certain matters. 

London, 23d March [1630], 113 

1 27. Giving several items of news. London, 3d April [1630], 113 

1 2S. Expressing his desire to see Menteith in London. London, 4th April [1630], 114 



xx ABSTRACT OF THE MENTEITH CORRESPONDENCE. 

page 

129. Acquainting him of several matters that had taken place at Court ; that Sir 

Alexander's colleague had left the Court to go to Scotland, etc. London, 
29th October [1630], 115 

130. Eecommending the "League" to be welcomed home to Scotland, as he had 

been faithful, etc. Theobalds, 9th November [1630], 117 

131. That the bearer would communicate certain matters. London, 28th 

December [1630], 117 

132. Desires Menteith to settle matters between his colleague and the Lord 

Advocate, so that all cause of public discord may be removed. London, 
27th March [1631], 118 

133. Sir "William Alexander, afterwards Earl of Stirling, to the Countess of 

Menteith, that her husband was in good health, and had received five 
hundred pounds of pension from the King. London, 25th May [1631], 119 

134. The Same to William, seventh Earl of Menteith, that the King was 

unwilling a convention shoidd be called to procure money for defraying 
the expenses of his journey to Scotland, saying he would find it by other 
means, etc. Portsmouth, 16th August [1631], 119 

135. The Same to The Same, complaining of the manner in which the latter had 

conducted a certain affair for him. Portsmouth, 18th August [1631],... 121 

136. Henry Alexander, third son of Sir William Alexander, and afterwards third 

Earl of Stirling, to "William, seventh Earl of Menteith, of certain trans- 
actions at Court ; the business between Eoxburgh and Buccleuch and 
Francis Stuart ended, etc. Woodstock, 22d August 1631, 122 

Letters from Sir Thomas Hope, Lord Advocate, to William, Seventh 
Earl of Menteith, now Earl of Strathern. 

137. That the bishops had been summoned before the Council for failing to attend 

the Commission, etc. Edinburgh, 5th November 1631 123 

138. That the Chancellor was expected in Edinburgh on Thursday, when the 

writer would present the charter of the fishing to the Council, etc. 
Edinburgh, 8th November 1631, 124 



LETTERS OF SIR THOMAS HOPE. 



PAGE 

139. That the signature of the fishings had been passed by the Council; that 

he found Lady Strathern greatly offended because she had been disappointed 
of a sum from the Chancellor for payment to the Earl of Perth, etc. 
Edinburgh, 10th November 1631, 125 

140. Eegarding the sum due from the Chancellor referred to in the preceding 

letter, etc. Edinburgh, 11th November 1631, 127 

141. Soliciting an appointment then vacant for his son, or in the event of his not 

obtaining the same, that certain parties whom he names should be kept 
out of it, etc. Edinburgh, 12th November 1631, 129 

142. On the same subject. Edinburgh, 19th November 1631, 132 

143. Sir Thomas Hope, Lord Advocate, to the Countess of Strathern. On the 

vacancy referred to above. Edinburgh, 2 1st November 1631, 136 

144. The Same to William Earl of Strathern, regarding certain matters before 

the Couucil ; that the Committee anent the teinds was not much liked by 
many noblemen ; again soliciting the vacant office already mentioned for 
his son. Edinburgh, 7th December 1631, 138 

145. The Same to The Same, denying a charge of infidelity to his trust made 

against him by the Bishop of Moray, and desiring the matter to be 
investigated. Edinburgh, 22d December 1631, 140 

146. The Same to The Same, that he had caused the Act of Submission anent 

the payment of the King's annuity to be ratified ; regarding also a right 
of patronage in which Earl Marischall and the Earl of Moray were 
interested; referring further to the case of his own son already mentioned. 
Edinburgh, 24th December 1631, 142 

147. The Same to The Same, soliciting for himself the Lordship of Session which 

he had formerly desired for his son, if it could not be procured for the 
latter ; desiring also to have a letter " for trying of that devilische 
calumnie of that reverend father of leis." Edinburgh, 5th January 
1632, 144 

148. The Same to King Charles the First, that he had sent to the Earl of Strathern 

an account of the proceedings anent the teinds; that he had drawn up a 

c 



xxii ABSTRACT OF THE MENTEITH CORRESPONDENCE. 



PAGE 

letter to be signed by his Majesty anent the rectifying of the under-valua- 
tions of the teinds, and thanking his Majesty for conferring upon his son 
the vacant Lordship of Session. Edinburgh, 2 8th July 1632, 1 4 5 

149. The Same to the Earl of Airth, that there had been a meeting with the 

Earl of Traquair, at which a letter of the King's was discussed, and 
desiring him to be present in Court at the debate on a subsequent day. 
Edinburgh, 19th January 1635, 147 

150. The Same to The Same, that his Lordship's cause had been called, and 

giving an account of the proceedings in Court. Edinburgh, 2d July 1635, 148 

151. Sir George Hay, Viscount Dupplin, Lord Chancellor of Scotland, to King 

Charles the First, that the bearer would communicate to his Majesty 
such matters as he had to tell. Holyroodhouse, 22d May [1632]. [Original 
at Traquair], 149 

152. John Earl of Traquair to King Charles the First, that the Earl of Airth had 

compeared before the Council and demitted his offices and pension ; and 
stating what steps the writer had taken in various matters in the King's 
interest. Circa 1633. [Copies of this and the three following Nos. at 
Traquair], 150 

153. William Earl of Airth to the Commissioners anent his Accusation, denying 

that he had uttered the treasonable words laid to his charge. Airth, 
10th July 1633, 152 

154. John Earl of Traquair to William Earl of Airth, obliging himself to pro- 

cure from the King a warrant for Airth's pardon, or to report the matter 
again to his Lordship. Holyroodhouse, 15th July 1633, 153 

155. Excerpt from Draft Letter by John Earl of Traquair to King Charles the 

First, enclosing the submission of the Earl of Airth for his Majesty's perusal, 
and instructions thereanent. Circa July 1633, 154 

156. William Earl of Airth to King Charles the First, thanking his Majesty for 

marks of his favour, and asking his assistance in paying his cautioners, 
who were selling his lands, which had been assigned to them in security 
of their obligations. Airth, 3d April 1634. [Original at Traquair], .. . 154 



FAMILY AND DOMESTIC LETTERS. 



157. The Same to The Same, stating he had attended the Commissioner during 

the time of the Assembly and Parliament ; that he had watched the 
movements of a certain officer of State, as commanded by his Majesty, 
and desiring to know how lie should conduct himself in regard to signing 
the Covenant, most of the Council having signed it, and whether he 
should give his opinion to the Commissioner although unasked. The 
King's answer, which is indorsed on the above, is that those who do not 
sign the Covenant will be more esteemed by him than those who do ; and 
only to give his opinion if asked. Edinburgh, 20th September 1639,... 156 

158. General George Monck to the Earl of Airth, to cut down the woods of 

Milton and Glegait (? Glessart) in Aberfoyle parish, which were a shelter 
to rebels and mossers. Cardross, 17th May 1654. [Original at Gart- 
raore], 158 

159. The Same to Lord Kinpont, advising him to refer the difference between 

himself and DufiYa to Colonel Daniel for settlement. Dalkeith, 12th 
February 1657, 159 

FAMILY AND DOMESTIC LETTERS. 

160. William Earl of Airth to his cousin, William Grahame of Polder, that he 

was well pleased with what the latter had done in Lady Kilpont's business ; 
that Major Middleton had given a warrant to Lord Perth, Tullibardine, 
and the writer, " to keip the headisof thir countreis." Yll, 12th August 
1646. [Originals of Nos. 160 to 167 inclusive at Gartmore], 160 

161. Sir John Campbell of Glenurchy (father of the first Earl of Breadalbane) to 

his father-in-law, William Earl of Airth, that his eldest son was seeking 
to deprive him of his liferent, and desiring the Earl's assistance to set 
matters right between them. 1 3th September 1660, 161 

162. The Same to The Same. Steps to be taken in the management of his estate, 

and for provisions for his children, etc. Mochaster, 1st January 1661, 162 

163. William, second Earl of Airth, to his cousin, the Laird of Gartmore. 

Arrangements about money matters. London, 30th September 1662,... 164 



ABSTRACT OF THE MENTEITH CORRESPONDENCE. 



164. The Same to The Same, desiring him to send as soon as possible what 

money he could get, either from the tenants or otherwise. London, 13th 
November 1662, 166 

165. The Same to The Same, that he was ill and in want of mouey, and desiring 

a supply to be sent to him. London, 14th April 1663, 167 

166. The Same to the Lady Elizabeth Grahame his sister, giving his consent to 

her marriage with Sir William Grahame of Gartmore, but stating that he 
had no portion to give her. Edinburgh, 12th October 1663, 168 

167. William, eighth Earl of Menteith, to David, second Earl of Wemyss, 

expressing his regret at being unable to pay the latter. Yle, Menteith, 
18th November 1667, 169 

168. John Grahame of Claverhouse, afterwards Viscount of Dundee, to William, 

eighth Earl of Menteith, advising him to settle his affairs and appoint 
a successor, and giving reasons why that successor should be himself. 
Circa 1679, 170 

1 69. The Same to The Same, expressing his friendship for him. Dumfries, 14th 

February 1679, 172 

170. James, third Marquis of Montrose, to William, eighth Earl of Menteith, 

that he had met Claverhouse to-day ; that the " fanaticks " in Clydesdale 
had entered Eutherglen and burned the Declaration and Oaths of Allegi- 
ance and Supremacy, and had been pursued by some of Claverhouse's 
soldiers. Mugdock, 30th May 1679, 173 

171. The Same to The Same, that a commission would have been granted to the 

latter had the Lords not thought his indisposition would prevent him 
from taking it up, etc. Camp at Muirhead, 19th June 1679, 174 

172. Sir James Graham, third son of William, seventh Earl of Blenteith, to his 

nephew, William, eighth Earl of Menteith, that his Eoyal Highness 
intended to leave for Scotland soon, and recommending Menteith to pay 
court to him. London, 25th October 1679, 174 

173. William Earl of Menteith to his uncle, Sir James Graham, desiring the 

presence of the latter and his daughter in Scotland, with the object of an 



FAMILY AND DOMESTIC LETTERS. 



alliance between the latter and a certain nobleman whom the Earl had 
in view, since Sir James had declined Claverhouse's offer. Edinburgh, 
18th November 1679, 170 

174. The Same to James, third Marquis of Montrose, that he would be in 

Edinburgh before the 1 5th instant, and soliciting an infantry command if 
any forces were raised in Scotland for the King's service. Yle, 4th 
January 1680, 177 

175. James, third Marquis of Montrose, to William, eighth Earl of Menteith, 

that his Highness was well pleased with the latter's offer to suppress 
disorderly meetings ; he did not, however, feel warranted in granting a 
commission of himself, but would favourably represent the matter to the 
Council. Edinburgh, 20th January 1680, 179 

176. William, eighth Earl of Menteith, to James, third Marquis of Montrose, 

urging him to keep his promise to marry the daughter of Sir James 
Graham. Yle Menteith, 27th May 1680, 180 

177. John Grahame of Claverhouse, afterwards Viscount of Dundee, to William, 

eighth Earl of Menteith, stating that he was extremely grieved he had been 
turned out of " that business" — his suit for the hand of Miss Graham, 
and detailing how Montrose had paid his attentions to that lady while 
having no intention of marrying her, etc. London, 3d July [1680], ... 183 

178. The Same to The Same, ahout Montrose's affair. London, 8th July [1680], 188 

179. The Same to The Same, that what he had previously written was only to 

prevent misrepresentation about himself, and to offer his services for the 
recovery of Menteith's estates, etc. London, 24th August [1680], 189 

180. John Duke of Rothes, Chancellor of Scotland, to William, eighth Earl of 

Menteith, thanking him for his services in suppressing conventicles and 
apprehending disorderly persons. Edinburgh, 2d September 1680. 
[Original at Gartmore], 190 

181. William, eighth Earl of Menteith, to James, third Marquis of Montrose, 

anent a dispute between the latter and Drumakill about the superiorities 

of certain lands. lie, 27th June 1681, 191 



xxvi ABSTRACT OF THE MENTEITH CORRESPONDENCE. 

PAGE 

182. The Same to The Same, that the latter's actings had vindicated his 

honour and reputation from the unjust accusations of some seditious 
persons, who said that he desired to build up his own family on the ruins 
of Menteith's ; that the writer was unwell, and thought he would be 
unable to go to Parliament. He, 27th June 1 681, 193 

183. The Same to The Same, that he had resolved to be in Edinburgh at the 

meeting of Parliament, and desiring the latter to borrow for him some 
Earl's robes. He, 27th June 1681, 195 

184. William, eighth Earl of Menteith, to Colonel Graham, brother to the 

Viscount Preston, that he was much obliged to him and to his brother 
the Viscount, and that he had signed the borebrief. Isle of Menteith, 
4th July 1681. [Copy], 196 

185. Isabella, wife of Sir James Graham, to William, eighth Earl of Menteith, 

that as the latter had been pleased to propose a marriage between 
Claverhouse and her daughter, she desires to know what steps he would 
take towards recovering the lands of his ancestors, with the view of settling 
them upon her daughter in the event of the marriage taking place. 
London, 15th July 1681, 197 

Five Letters from John Graham of Claverhouse, afterwards Viscount 
of Dundee, to William, Eighth Earl of Menteith. 

186. Denying that he had traduced him to the Earl of Lauderdale ; he was glad 

to hear he had written to Lady Graham, etc. London, 1st October [1681], 198 

187. Thanking him for writing to Lady Graham and her daughter anent his 

suit ; he thinks the letters, however, not quite suitable, and desires him 
to write new letters to the same purpose, etc. London, 1st October 
[1681], 201 

188. That he had been anxious to let him know how Montrose had been using 

him (Menteith) ; he had bought an infeftment from Mr. Eiven on the 
barony of Drumniond ; desires to have his suit pressed. Edinburgh, 
11th December 1681, 203 



LETTERS OF JOHN GRAHAM OF CLAVERHOUSE. 



189. That he had nothing worth writing ; there was a "water" rising betw r een 

him and the other half of his party. Newton of Galloway, 17th 
February 1682, 204 

190. Desires the Earl to meet him at Bille ; to send nobody to Ireland, and take 

no new measures until he should see him. Newton of Galloway, 1st 
March 1682 205 



191. John Master of Stair to William, eighth Earl of Menteith, that the Marquis 

of Montrose was no longer an object of resentment, but rather of grief ; 
advises him to come home privately and he would find no disturbance 
in Menteith. Edinburgh, 25th April 1684. [Originals of this and the 
following No. at Gartmore], 205 

192. William, eighth Earl of Menteith, to Mr. John Smart, writer, Edinburgh, that 

he had written his wife begging her to come home, and had sent to him the 
two duplicates of a contract and bond for six hundred merks for her use 
yearly, in order that he might deliver them to her if she would consent 
to return home, but if not, to send them again to Menteith. Stirling, 
I7th March 1687, 206 



ABSTRACT OF MENTEITH CHARTERS. 



1. Charter by King William the Lion, confirming to William Noble the two 

carucates and two oxgates of land in Kenpunt, that Henry de Bohon, 
Earl of Hereford, gave to him ; and also the whole land in Ileuestune that 
Geroud held, which the foresaid Henry de Bohon, Earl of Hereford, gave 
to the. foresaid William Noble : To be held by him and his heirs of the 
foresaid Henry and his heirs as freely as the Earl's charter bore, reserv- 
ing the King's service. Witnesses, Oliver the King's chaplain, William de 
Boscho his clerk, and others. Clackmannan, 28th May circa 1200, ... 207 

2. Charter by Ralph Noble, knight, son of William Noble, granting to David 

of Graham, and Agnes his spouse, for his homage and service, the half of 
the demesne lauds of Kentpunt, in the territory of Kentpunt : To be held 
by them and the survivor of them, their heirs or assignees, heritably for 
ever, free of all ward and relief, etc. Circa 1245 207 

3. Charter by Thomas Noble, son of Sir Ralph Noble, with consent of Ralph 

his father, Ralph his brother, and others his friends, granting permission 
to Sir David of Graham and Agnes his spouse, and their heirs or 
assignees, if they so inclined, to hold the lands in Iliveston, which they 
held heritably of him, of Sir Humphrey de Bovn, Earl of Hereford, and 
his heirs ; and engaging for himself and his heirs in that event to 
endeavour to procure the said Earl's consent to their holding the said 
lands of him and his foresaids in peace, etc. 30th January 1255, 209 

4. Resignation by Ralph Noble, son of Sir Ralph Noble, with consent of his 

said father, in favour of Thomas his brother, of all the lands he had held 
in the town of Yliuestoun by gift of Sir Ralph his father, with all claim 
he had to the said lands ; the granter, moreover, for himself and his 
heirs, agrees not to gainsay the gift which his brother Thomas made the 
same day of the said lands to Sir David of Graham and Agnes his 
spouse. 30th January 1 255, 210 



ABSTRACT OF MEXTEITH CHARTERS. 



5. Charter by Walter Oomyn, Earl of Menteitli, confirming a charter by 

Alexander of Striuilyn, knight, for the welfare of his soul and the soul of 
Ermengarde, daughter of King Alexander, granting to the church of St. 
Thomas the Martyr of Aberbrothoc, and to the monks serving God there, 
in perpetual alms, a half stone of wax yearly for the lighting of the said 
church, to be paid at the fair of Montrose by the granter's provost for 
the time, in Laurestun, which Walter Earl of Menteith had given to the 
said Alexander. Circa 1240, 212 

6. Charter by Sir John Russell and Isabella his spouse, Countess of Menteith, to 

Sir Hugh of Abyrnethine and his heirs or assignees, for his service and 
fealty, of a twenty pound land of reasonable extent in the territory of 
Aberfoyle, on the west side of Forth : To be held by the said Sir Hugh 
and his heirs or assignees, of the granters and their heirs, as freely as 
they ever held or could hold them, for rendering yearly at the feast of 
St. James a young sparrow-hawk or six pennies, reserving to the King the 
forensic service pertaining to so much land, and to the granter and his 
heirs the advowson of the kirk of Abirful (Aberfoyle). Circa 1260, ... 213 

7. Inspeximus by King Henry the Third of England, dated at Windsor, 20th 

September 1261, certifying that he had examined a writ under the seals of 
Alexander, son of the King of Scotland, Gilbert Earl of Strathern, Malcolm 
Earl of Fife, and William de Bosco, Chancellor, narrating an amicable con- 
vention, dated at Edinburgh, 6th December 1213, made between Maurice 
Earl of Menteith and Maurice his younger brother, on a dispute between 
them respecting the earldom of Menteith, which Maurice the younger claimed 
as his right and heritage ; to wit, the foresaid Earl Maurice resigned in the 
hands of King William the earldom of Menteith, and the King delivered it 
to Maurice the younger as his right, but Maurice the elder was to hold by 
bailiery of the King two towns, namely, Muyline and Radenoche, also Turn, 
Cattlyne, Erathuli and Cambuswelhe, which Maurice the younger delivered 
to the King for the use of Maurice elder for his lifetime, to return to 
Maurice younger on his brother's death ; and Maurice the younger de- 
livered to Maurice the elder, for marrying his daughters, Savelime, as the 
said two brothers held it, with Mestryn, Kenelton, and Stradlochlem, ... 214 

d 



ABSTRACT OF MENTEITH CHARTERS. 



8. Inspeximus by King Henry the Third of England, dated at Windsor, 2Uth 

September 1261, certifying that he had examined a charter dated at 
Edinburgh, 7th December 1213, under the seal of William King of 
Scotland, confirming a convention made in his full court at Edinburgh 
between Maurice the elder of Menteith and his brother Maurice the 
younger, respecting the earldom of Menteith, which the latter claimed as 
his right, and which the former resigned in his favour 215 

9. Charter by Walter Stewart, Earl of Menteith, whereby, for the welfare of 

the souls of his predecessors buried in the Abbey of Paisley, he confirmed 
to St. James and St. Mirin of Paisley, and to the monks serving God 
there, the gift which Dufgall, the son of Syfyn', made to the said monies, 
before he conveyed the land of Schyphinche to the said Earl, of the 
Church of St. Colmanel (Kilcalmonell), situated within the foresaid land, 
with an acre of land belonging to the said church, together with the 
chapel near the Castle of Schyphinche : To be held by them in free and 
perpetual alms. Witnesses, Finlay of Stragrif, John of Irschyn, knights, 
and others. The Park of Irschyn, the Thursday next after the Feast of 
St. Hilary, 19th January 12G2, 216 

10. Charter of Confirmation by King Alexander the Third, of the gift which 

Walter Stewart, Earl of Menteith, with consent of Mary his spouse, 
Countess of Meuteith, made to Gilbert, son of Gilbert of Glenkerny, knight, 
of the half of the town of Broculy, with the pertinents, namely, the half 
lying on the east side towards the marches of Eglysdissentyne : To be 
held by the said Gilbert and his heirs of Earl Walter and Mary his 
spouse, in fee and heritage, saving the King's service. Obeyne, 14th 
August 1267, 217 

11. Retour of Inquest made by Walter Stewart, Earl of Menteith, Sheriff of 

Dumbarton, proceeding on a brieve from King Alexander the Third, by 
which the said Sheriff found that Mary, wife of John of Wardrobe, 
Helen, wife of Bernard of Erth, and Forveleth, wife of Norrin of 
Monorgund, daughters of the deceased Finlai of Camsi, were the lawful 
heirs of the late Dufgal, brother of Maldouen Earl of Lennox, descending 
lineally from Malcolm, brother of the said Dufgal, and grandfather of the 



ABSTRACT OF MENTEITH CHARTERS. 



PAGK 

foresaid ladies, and that the said Dufgal had no married wife. Done 
at Dumbarton, the Wednesday after the Feast of St. Dunstan the Arch- 
bishop, 15th May 1271, 217 

1 2. Bond by Patrick Earl of Dunbar, Patrick, John, and Alexander his sons, 

Walter Stewart, Earl of Menteith, Alexander and John his sons, Eobert 
of Bruce, Lord of Annandale, and Kobert of Bruce, Earl of Carrick, and 
Bichard of Bruce his sons, James, Steward of Scotland, and John his 
brother, Enegus, son of Dovenald, and Alexander his lawful son, whereby 
they engage to adhere to Sir Bichard de Burgh, Earl of Ulster, and Sir 
Thomas of Clare in all their affairs, and to stand faithfully by them and 
their accomplices against all their adversaries, saving their fidelity to the 
King of England, and also to him who should obtain the kingdom of 
Scotland by reason of relationship to Alexander King of Scotland last 
deceased. At Turnebyry in Carrick, on the eve of St. Matthew, 20th 
September 1286, 210 

13. Charter by Walter Stewart, Earl of Menteith, granting to the Abbey of St. 

Mary and St. Wynniu of Kylwyning in Cunningham, and to the monks 
serving God there, the church of Kylinachornat in Knapdale, with the 
chapels of St. Mary in Cuapro and St. Michael in Inwerlaxo, and three 
pennies worth of land in Biventos annexed to the church of Kylma- 
chornat, in pure and perpetual alms, for the welfare of the granter's soul, 
the soul of Mary his late spouse, Countess of Menteith, and the souls of 
all his predecessors and successors. Circa 1290, 220 

14. Grant by King Edward the First of England to William, son of John 

Comyn, of the keepership of the Forest of Traquair and Selkirk during 
the King's pleasure, in the same manner as Simon Fraser, lately 
deceased, held it in his lifetime. Westminster, 15th January 1292, ... 221 

15. Letters by King Edward the First of England to John King of Scotland, 

bearing that he had granted the marriage of Isabella Comyn, relict of 
William Comyn, which happened while he held the kingdom of Scotland 
as overlord, to his faithful subject Edmund de Hastings, and requiring King 
John to absolve the said Isabella from an oath he had extorted from her not 
to marry without his permission. Newcastle-on-Tyne, 5th January 1293, 221 



ABSTRACT OF MENTEITH CHARTERS. 



16. Letters by King Edward the First of England, appointing Alexander Earl 

of Menteith to take, on behalf of the King, the castles, fortalices, islands, 
lands, and tenements belonging to Alexander of Ergeyl, and also those 
belonging to John, eldest son of the said Alexander, and to have the keep- 
ing of them during the King's pleasure, the surplus over after keeping the 
former to go to the said Alexander, and the surplus of the latter to go to 
the King's exchequer at Berwick. Berwick, 10th September 1296, ... 222 

17. Charter by Alan Earl of Menteith, son of Sir Alexander Earl of Menteith. 

to Sir Walter of the Akynhewyde, knight, for his homage and service of 
the lands of Thome in Menteith : To be held of the granter and his heirs 
for rendering the King's forensic service pertaining to the said land. 
Circa 1305, 223 

1 8. Letters by John of Berclay, Lord of Crauford, whereby he agrees to grant 

to Malise of Menteith an abatement of part of the eight marks he was 
bound to pay him for the lands of Tulyinadich and Cragis, when, in con- 
sequence of the lands being destroyed by the English, or otherwise, he 
should be unable to uplift the whole from the said lands. Aberdeen, 
11th June 1309, 224 

1 9 . Charter by King Robert the Bruce, granting to Walter Fleming, son of William 

Fleming of Barruchan, knight, for his homage and service, half of the 
mill of Kettenes, the third part of the land of Petcur, a brewhouse and 
orchard in the town of Kettenes, with four acres of land of the said town 
assigned to the brewhouse, a cot in the west of the town, a smithy and 
23s. of silver yearly to be uplifted in the mill of the barony of Essy : To 
be held by the said Walter and his heirs of the King and his heirs, in fee 
and heritage, for rendering the eighth part of the service of a knight in 
the King's army, with the Scottish service due and wont, and the propor- 
tion of a suit to be rendered for the barony of Kettenes in the Sheriff- 
Court of Forfar. Witnesses, Bernard abbot of Abirbrothoc, John of 
Meneteth, etc. Abirbrothoc, 20th March, ninth year of reign, 1315, ... 224 

20. Charter by Murdach Earl of Menteith, son of Alexander, sometime Earl of 

Menteith, to Sir Walter of Menteith, son of Sir John of Menteith, and 



ABSTRACT OF MENTEITH CHARTERS. 



Iiis heirs and assignees, of the whole land of Thom, in the earldom of 
Menteith, the marches beginning from the water of Teith and going by 
the marches of the town of Dune as far as the marches of Conulath, with 
four merits of land formerly lying in Conulath, the lands of Thom on the 
south, with the lands of the three Lanarkynys in Menteith, and so going 
by the marches of Sesltentuly, Bucopill, and Thorri, as far as the water 
of Teith on the west side, and descending by the said water to the marches 
of the town of Dune : To be held by the said Sir Walter and his heirs of 
the Earl and his heirs, in fee and heritage, with the fishings of the water 
of Teith so far as the lands of Lanarkynys and Thom extend, for render- 
ing to the King forensic service pertaining to the said lands, and to the 
Earl and his heirs three suits at their three head courts of Menteith. 
Circa 1330. [Original in the Gleneagles Charter-chest], 225 

21. Charter by Murdach Earl of Menteith, granting to Gilbert of Drommund. 

for his homage and service, the east half of the town of Buchchoppill. 
lying next to the land of Busby, in the earldom of Menteith : To be held 
by the said Gilbert and his heirs and assignees of the Earl and his heirs, 
in fee and heritage for ever, for rendering to the King the forensic service 
pertainiug to the said land, and three suits at the three head courts of 
Menteith yearly ; provided that in case the said Gilbert should predecease 
Matilda his spouse, she should enjoy the said lands of Buchchoppill during 
her lifetime ; in case of his death without a lawful heir-male of his body, 
the said land to go, after the death of the said Matilda, to Elen, daughter 
of the said Gilbert, and the heirs-male of her body ; whom failing, to 
Elysabeth, Johanna, and Anabel her sisters successively, in the same 
manner ; whom all failing, the lands were to revert to the said Gilbert 
of Drommund and his heirs. Circa 1330, 227 

22. Charter by Murdach Earl of Menteith to Kobert of Logi, son of the deceased 

Malise of Logi, for his homage and service, of his whole land of Easter 
Broculli in Menteith : To be held by him and his heirs of the Earl and 
his heirs in fee and heritage, for rendering the King's forensic service, and 
three suits every year at the three head courts of the earldom of Menteith. 
Circa 1330, 229 



ABSTRACT OF MENTEITH CHARTERS. 



23. Charter by Johanna of Menteith, Countess of Strathern, to John, son of 

Walter, of the lands of Gellow, in the barony of Kortachy and shire of 
Forfar : To be held by him and his heirs whomsoever of the granter and 
her heirs, in fee and heritage for ever, for payment yearly of one penny 
of silver at the manor-place of Kortachy, in name of blench farm, if asked 
only. Circa 1330, : 230 

24. Notarial Instrument, narrating that, on the 30th October 1343, in the 

parish church of St. Mary Magdalene, Milk Street, London, in presence 
of a notary and witnesses, compeared Mr. John Feuere, as procurator for 
Bertold of Lon, in the diocese of Cologne, and for a noble woman, Philippa 
de Moubra}', and craved of Sir John of Bridge and John of Evesham, 
priests there present, whether they knew of any contract of marriage 
between the said Bertold and Philippa, whereupon the said John of 
Bridge said he was present in the house of John of Weston in Temsestrete, 
on the Wednesday after the Feast of St. John the Baptist, 1338, when 
the said Bertold contracted marriage with the said Philippa, saying, " I 
Bertold de Lon take thee Philippa of Moubray for my wife," etc., and she 
responded in similar terms ; and the said John of Evesham expressly 
declared that the said Philippa, when ill and despairing of her life, con- 
fessed to him that she had no right to her pretended husband Thomas of 
Westoun, because she was previously contracted to the said Bertold of 
Lon ; and that he, the said John, enjoined her to leave the said Thomas and 
cleave to the said Bertold. Done in the Church foresaid, 30th October 1343, 232 

25. Disposition by John of Menteith, Sheriff of Clacmanane, to John Mercer, 

burgess of Perth, of all right and claim which he had in the wards or 
reliefs of the lands of the deceased Sir William of Moray, Lord of 
Tolibardy, granted to the said John of Menteith by Sir William Earl of 
Sutherland and Lady Jean his spouse, Countess of Stratheryn ; together 
with all right he had to an annualrent from Petwer and Aldy, through 
Christian More, spouse of the deceased Reginald More, for a sum of money 
paid to him ; with clause of warrandice against the said Earl of Suther- 
land and Countess of Stratheryn. Dated at Perth, Thursday after Whit- 
sunday 31st May 1352 234 



ABSTRACT OF MENTEITH CHARTERS. 



26. Charter by John of Meuteith, Lord of Cnappodol and Aran, to his trusty 

kinsman Gilleasbeg Carnbel, Lord of Lochow, and his heirs and assignees, 
of lauds in Knapdale, namely, the penny land of Ardnamio, Ervergy. 
Ariluyg and Ariereeh, the farthing land of Bercorari, penny land of 
Leachenaban, Drumlynd and Craglyne, farthing laud of Obinhan, penny 
land of Bealalach, Conardari, Kyllmychel and Cragnabyach, and others 
therein specified : To be held by the said Gilleasbeg and his heirs and 
assignees of the granter and his heirs, in fee and heritage, with ward and 
relief of the same, for payment yearly of a penny sterling at Martinmas, 
if asked. The charter further grants that if thieves or robbers happened 
to be arrested on the said lands, the said Gillespie and his foresaids should 
have full power to sell and banish them, save that, if adjudged to death, 
they should be brought back to the granter's court and gallows to be 
hanged. Castle Suffyn (Swine), on the vigil of St. Andrew [29th 
November] 1353, 235 

27. Letters by Pope Innocent the Sixth, directed to the Bishop of Aberdeen, 

dispensing with the impediments to the marriage of Thomas Earl of Mar 
and Margaret, daughter of the late John Earl of Meuteith, who were 
related to each other in the fourth degree of consanguinity, and declaring 
the issue of the marriage to be legitimate. Villa Nova, in the diocese of 
Avignon, 29th May, second year of pontificate [1354], 237 

2S. Charter by King David the Second, whereby, on the narrative that, at the 
suggestion of certain persons, he had formerly taken into his hands the 
lands of Strongartney, then within the shire of Perth, but now in the 
shire of Stirling, from John of Menteith, knight, then in full and peaceful 
possession thereof, and had infefted the deceased John of Logy in the same; 
and calling to mind that the King his father granted heritably the said 
lands, which fell to him by the forfeiture of John of Logy, knight, father 
of the said John of Logy, in free barony to the late John of Menteith, 
knight, father of the foresaid John of Menteith, and Elen of Mar his 
spouse, King Piobert's niece, conjointly, and their heirs in free marriage, 
aud that they died lawfully seised in the said barony, his Majesty granted 
to the said John of Meuteith, knight, his kinsman, the same state of the 



ABSTRACT OF MENTEITH CHARTERS. 



PAGE 

foresairl barony of Strongartney as he had by tenor of the said charter ; 
and restored him to the same possession as he had before the gift to the 
late John of Logy, which the King had revoked in the first Parliament 
after his deliverance from England. Dundee, 5th April [1.359]. [Acts 
of the Parliaments of Scotland, vol. i. p. 564], 238 

29. Agreement made in presence of Sir Eobert of Erskine and Sir Hugh of 
Eglynton, justiciars of Scotland, Sir Patrick of Grame and others, between 
John of Dromund, on the one part, and John of Menteith and Alexander 
of Menteith, brothers of the deceased Walter of Menteith, on the other 
part, for stanching of feuds and dissensions, and restoring concord among 
them, in manner as follows : That to make amends for the slaughter of 
the deceased Walter of Menteith, and Malcolm and William his brothers, 
their men and adherents, by the said John of Dromund and his men and 
adherents, and for all felonies and injuries done by him, Maurice his 
brother, and Walter of Moray, and the said John's men and adherents, 
to the said brothers and their kin and friends, the said John of Dromund 
granted and confirmed, by charter and infeftment, to Alexander of Men- 
teith and his heirs, the whole land of Eosneath, in the earldom of Lennox, 
with clause of warrandice, in terms of the charter made thereanent, 
expressly .granting that though mention was made in the charter of 
homage and service, in the usual terms, the said Alexander should only 
lie held bound for homage and suit of Court ; also, that in case the said 
Alexander should prefer a nearer heir of his deceased brother Walter to 
succeed to him in the said heritage rather than his own offspring, although 
lie had lawful issue of his own, the said John would admit such nearer 
heir as heir-assignee ; and also for himself, Maurice his brother, Walter 
of Moray, and his kin and friends, discharged all rancour and enmity, 
action and suit against the other contracting parties, for all felonies, 
transgressions, etc., done by them to his or their injury ; and in special, 
that Ghillaspic and Kessan, called Macghilecharrick, Donald son of 
Gilbert, Duncan son of Nigel, and others concerned in the slaughter of 
Brice the procurator, should be free from all pursuit by the said John, 
Maurice his brother, and Walter of Moray, on account of the same ; and 



ABSTRACT OF MENTEITH CHARTERS. 



PACK 

Finlay, son of Ay, should in like manner be free. On the other hand, 
the said John and Alexander of Menteith, for themselves, their heirs, and 
for the heirs of the deceased Walter, remitted all rancour, enmity, action 
and suit against the said John of Dromund, Maurice his brother, and 
Walter of Moray, and others their relatives and friends, and engaged that 
they should be free from all injury at their hands, on account of the said 
slaughters, for ever, Ghillaspic Cambel and Colin his son, with their 
men, being excluded from the foresaid obligation, as the said John 
and Alexander cannot bind them ; and the said brothers, and Walter 
of Buchanan their nephew, bind themselves, in case the said Ghillaspic 
or Colin should rise against the said John of Dromund and his men, 
to stand constantly by him with all their following against the said 
Ghillaspic or Colin. They also engaged to cause the heir of the deceased 
Walter, -when he came to lawful age, to grant similar letters to the said 
John Dromund ; failing which, Rosneath to revert to John of Dromund, 
etc. ; and for faithful observing of the premises, the foresaid John and 
Alexander of Menteith and Walter of Buchanan, on the one part, and the 
said John of Dromund, Maurice of Dromund, and Walter of Moray, 
on the other part, gave their bodily oath. Further, the Steward of Scot- 
land, Earl of Strathern, for himself and his heirs, as chief of the clan on 
either side, the Earls of Douglas and Angus, and Sir John of Menteith, 
Lord of Arran, remitted all rancour, suit, and action against the said John 
of Dromund, Maurice his brother, and Walter of Moray, for the death of 
the said Malcolm and William of Menteith ; and both parties agreed to rise 
against the party breaking the agreement, etc. Done on the banks of the 
Forth beside Stirling, 17th May 1360. [Original at Drummond Castle], 239 

30. Charter by King David the Second, confirming the grant [undated] which 
Margaret of Moray, Countess of Menteith, made to John of Dromynd of 
Concrag of the lands of Aberfoyle, with the pertinents, in the earldom of 
Menteith, as freely in all respects as the charter of the said Countess to 
the said John bore : To be held by him and the offspring begotten between 
him and the said Countess, and the heirs and assignees of the said offspring. 

Scone, 12th November, thirty-second year of reign [1361], 246 

e 



ABSTRACT OF MENTEITH CHARTERS. 



31. Charter by King David the Second to Bartholomew of Loen, knight, for his 

homage and service, and to the King's kinswoman, Philippa of Moubray 
his spouse, of the whole barony of Barnebugale, with the pertinents in the 
shire of Edinburgh and constabulary of Linlithgow, which barony John of 
Grahame, Earl of Menteith, and Mary his spouse, resigned in the King's 
hands at Perth, in a Council held there on the 3d of May, the seventeenth 
year of his reign, for remission of 2000 merks sterling due to the King 
by the said John and Mary by reason of marriage and relief : To be held 
by the said Bartholomew and Philippa his spouse, and their heirs and 
assignees, of the King and his heirs, in fee and heritage, for rendering 
the service of an archer or bowman when required thereto. And in case 
any of the heirs of the said John and Mary should contravene their renun- 
ciation, or this grant, the said 2000 merks should be paid to the grantees 
before entering on any lawsuit, for which payment it should be lawful to 
distrain the earldom of Menteith. Abirbrothoc, 6 th January, thirty-second 
year of reign [1361]. [Original at Dalmeny], 247 

32. Charter by Kobert the Steward of Scotland and Earl of Strathern to his 

kinsman Maurice of Drommunth, of the dominical lands of Drommane 
and Tulychravin with the pertinents, in the earldom of Strathern : To be 
held by him and his heirs and assignees, of the granter and his heirs, in 
fee and heritage, for rendering a pair of gilt spurs yearly, in name of 
blench farm, if asked only. Methven, circa 1362, 249 

33. Letters of Bailiery by Bobert Steward of Scotland, Earl of Strathern and 

Baron of Benfrew, with consent of John Stewart, Earl of Carrick, his 
eldest son and heir, appointing Alan of Lawedir his bailie in the lands of 
Byrkynsyde and others in Berwickshire. Perth, 16th October 1369. 
[Originals of Nos. 33 and 3 4 penes "William Fraser, Edinburgh], 250 

34. Indenture between Sir Bobert Stewart, Earl of Menteith, and Lady Isabella, 

Countess of Fife, by which it was agreed that the Earl, whom the Lady 
Isabella acknowledged as her true and lawful heir-apparent, should faith- 
fully employ his utmost diligence and all his influence to recover to the 
Countess the earldom of Fife, which she had resigned through force and 
fear, and to help her in all her affairs, and behave to her as if she were 



ABSTRACT OF MENTEITH CHARTERS. 



PAGE 

his mother ; and that, on the said earkloni being recovered, and the 
Lady Isabella infeft therein, she should immediately resign the same in 
the King's hands in favour of the said Earl, etc. [see translation, infrd\. 
Perth, 30th March 1371, 251 

35. Translation of the preceding indenture, 254 

36. Obligation by Patrick of Graym, son and heir of Sir David of Graym, knight, 

Lord of Dundaff, by which he became bound to find and support an 
efficient chaplain, with all necessary furnishings pertaining to him, to say 
mass for evermore in the parish church of Donbrethan (Dumbarton), at 
the altar of the Holy Rood, for the soul of Isabella Flerayng, sometime 
Lady of Dalnottyr, and for the souls of her parents and her offspring, 
and of all the faithful dead, under which obligation the foresaid 
Isabella had given to him the land of Kyllemonethdam and Kyllerman, 
in the earldom of Lennox ; and the said Patrick became bound, for 
himself and his heirs, in the event of their failing to find the said 
chaplain, to pay £20 sterling of penalty to the fabric of the High Kirk 
of Glasgow, subjecting himself and his foresaids to the jurisdiction of 
the Bishop of Glasgow or his official therein. Glasgow, 10th February 
1372, 256 

37. Indenture between Eobert Stewart, Earl of Fife and Menteith, and Lady 

Margaret his spouse, on the one part, and Sir Bertold of Loen, knight, 
Lord of Barnebugall, and Lady Philippa of Moubray his spouse, on the 
other part, for a marriage to be contracted between David, son and heir 
of the said Bertold and Philippa, and Jonet Stewart, daughter of the said 
Sir Robert Stewart, Earl of Fife and Menteith, and of Lady Margaret his 
spouse, whereby the said Bertold and Philippa engage to supply the said 
David and Jonet with all things necessary for their honourable sustenance; 
and in the event of their surviving the said Bertold and Philippa, they, 
or the survivor of them, and the heirs of their bodies, should enjoy the 
whole heritage belonging to the said Bertold and Philippa his spouse 
by reason of his said spouse ; but on failure of them and their heirs 
foresaid, the whole heritage to revert to the lawful heirs of the said 



xl ABSTRACT OF MENTEITH CHARTERS. 

PACE 

Philippa ; and the said Earl became bound to aid the said Bevtold with 
all his power and influence to recover all the lands he might claim by 
heritable right, through his foresaid spouse, in the kingdom of Scotland. 
Edinburgh, 20th July 1372, 258 

38. Bond of Maintenance by Eobert Stewart, Earl of Eife and Menteith, 

whereby he becomes bound to assist with his best counsel and help Sir 
Bertold of Loen, knight, in recovering all heritable lands which he desired 
to claim by heritable right through Lady Philippa Moubray his spouse, 
within the kingdom of Scotland; and also to aid and maintain him in all 
his just possessions against all men, except the King, the Earl's brothers, 
the Earl of Douglas, Sir James his son, and Sir Archibald of Douglas, 
knights, and his own proper cause. Castle of Stirling, 25th November 
1375, 260 

39. Deliverance in form ot Indenture by Andrew Mercer, Lord of Mekylhour, 

in a submission made to him by Sir Eobert Stewart, Earl of Fife and 
Menteith, and John of Logy, Esquire, son of Sir John of Logy, knight, of 
the debate and question between them respecting the lands of Logy and 
Stragartnay, whereby he ordained the said Earl to freely surrender and 
upgive the said lands to the said John of Logy. Both parts of this 
indenture sealed with the seal of the said Andrew, and dated Monday 
before Whitsunday, [15th May] 1385, 260 

40. Charter by Patrick of Grahame, Lord of Kyncardyn, with consent of his 

son and heir Sir William of Grahame, knight, to Patrick of Grahame his 
son, by Eufemia his wife, of his lands of Kynpunt and Yilefiston with 
the pertinents, in Lothian, in the shire of Edinburgh and constabulary of 
Linlithgow : To be held by him and the heirs-male of his body ; and in 
case of the decease of the said Patrick without heirs-male of his bod}', the 
charter destines the said lands to pass to Eobert, David, and Alexander of 
Graham, brothers of the said Patrick, and the lawful heirs- male of their 
bodies successively ; whom failing, to any heir-male of the bodies of the 
granter and his spouse Eufemia ; whom all failing, the lands to revert to 
the granter's heirs whomsoever : To be held for rendering the King's 
service pertaining to the said lands, and for payment yearly to the 



ABSTRACT OF MENTEITH CHARTERS. xli 

PAGE 

granter and his heirs of a penny of silver in the chapel of St. Peter of 
Kynpimt at the feast of St. Peter ad vinculo, in name of blench farm, if 
asked only. Circa 1389, 262 

41. Charter of confirmation by King Piobert the Second of the immediately 

preceding charter. Montrose, 26th January, eighteenth year of reign 
[1389]. [Originals of Nos. 41, 42, and 43 in Logiealmond Charter- 
chest], 264 

42. Letters by Eobert Earl of Fife and Menteith to the inhabitants of the lands 

of Stragartnay, charging them to answer and obey John of Logy as their 
true and lawful lord in time to come. Perth, 2 2d March 1390, 265 

43. Letters by Murdach Stewart, Lord of Apthane, justiciar north of the Forth, 

certifying that he had delivered two men, named Donald Schethsoun and 
Neuen Donaldson, to be tried in the court of the regality of Logy, on the 
claim of John of Logy, lord of that Ilk, who produced in support of his 
claim a charter by David the Second, King of Scots, dated 26th July, 
in the thirty-ninth year of his reign, with a confirmation thereof by 
Robert the Third, King of Scots, dated 6th October, seventeenth year of 
his reign, granting to the said John the said lands of Logy in free regality. 
Perth, 20th May 1392, 266 

44. Charter by R,obert Duke of Albany, Earl of Fife and Menteith, to William 

Olifaunte, son of Walter Olifaunte of Kelly, knight, for his faithful service 
rendered and to be rendered to the granter of all his lands of Treyene- 
terrafe of Kippen, in the earldom of Menteith and shire of Perth, which 
lands belonged to the said Walter, and were resigned by him at Falkland : 
To be held by the said William and his heirs, of the duke and his heirs, 
in fee and heritage for ever, for rendering such service as Walter his 
father or his predecessors had rendered to the duke and his predecessors 
before the said resignation. Falkland, circa 1399, 270 

45. Charter by Eufamia Stewart, Countess Palatine of Stratheryn, confirming a 

charter without date, by her father, David Earl Palatine of Stratheryn 
and Earl of Caithness, granting to his kinsman, Sir Eobert Stewart, 
knight, for his homage and service, the lands of Buchanedy, Ladegrene, 



xlii 



ABSTRACT OF MENTEITH CHARTERS. 



and Corp, with their pertinents, in the earldom of Stratheryn and shire of 
Perth : To be held by the said Sir Eobert and his heirs, of the granter 
and his heirs, in fee and heritage, for rendering the services due and 'wont. 
Perth, 2d March 1400. [Original at Gartmore], 271 

46. Charter by Eobert of Menteith, Lord of Eusky, granting to his dearest and 

well beloved Margaret, daughter of Sir Duncan, Earl of Lennox, for her 
lifetime, in name of dowry, all his lands of Ardewnane, Strathachi, and 
Ardmernak, with all freedoms, easements, and emoluments, as fully con- 
tained in his indentures made to the said Margaret thereupon : To be 
held as freely as the granter himself held them. Inchemoryne, 29th 
March 1403, 272 

47. Extract Charter by Eobert Duke of Albany, Earl of Fife and Menteith 

and Governor of Scotland, under his Great Seal of office, confirming 
a charter by Patrick of Grahame, Earl of Strathern, with consent of 
Eufamia his wife, to his kinswoman, Eufamia of Lindesay, daughter of Sir 
Alexander of Lindesay, sometime Lord of Glenesk, knight, of an annual- 
rent of five pounds Scots from his two towns of Kinkell, in the shire of 
Perth : To be held by the said Eufamia during her lifetime, with power 
to her and her deputy to distrain for the said annualrent if it were 
unpaid. The charter is dated at Perth, 6th December 1406, and the 
confirmation, which reserves the King's service due and wont, is dated at 
Perth, 15th December 1412, 273 

48. Charter by Patrick Earl Palatine of Strathern, confirming a charter with- 

out date, by David Stewart, Earl Palatine of Strathern, granting to his 
kinsman, Maurice of Dromund, for his faithful service, the office of 
stewartship of the earldom of Strathern : To be held by him, his heirs and 
assignees, with the fees and customs thereof due and wont, for rendering 
a sufficient ox at Martinmas, if asked. Perth, 14th February 1408, ... 276 

49. Indenture between Eobert Duke of Albany, Earl of Fife and Menteith, 

Governor of Scotland, and Archibald Earl of Douglas, Lord of Galloway 
and Aunandale, by which they bind themselves to support each other 
against all deadly, the King only excepted : with provisions for settling 
any controversies that might arise between them, or any riot amongst 



ABSTRACT OF MENTFATH CHARTERS. xliii 

TAGE 

their men, or any rebellion or disturbance that might be caused by the 
sons or brothers of either contracting party. The indenture to expire in 
case the Duke should in time succeed to the estate of King, but friend- 
ship still to be kept between them. Provision was also made for 
admitting Eobert Stewart of Fife, Walter Stewart of the Lennox his 
brother, and Archibald of Douglas and James of Douglas, sons of the 
Earl, or any of them, to this band, in case they " will be gouernit eftir 
the counsel ancle the ordinance of the saide lordis thair faderis." Inver- 
keithing, 20th June 1409, 277 

50. Contract in form of Indenture between Robert Duke of Albany, Earl of 

Fife and Menteith and Governor of Scotland, and John Stewart, Earl of 
Buchan and Chamberlain of Scotland, on the one part, and Sir Archibald 
Earl of Douglas, Lord of Galloway and Annandale, on the other part, by 
which it was agreed that the said John Earl of Buchan should marry 
Elizabeth of Douglas, daughter of the said Earl of Douglas ; and that the 
said parties should purchase the Pope's consent to the fulfilling of the 
marriage witli all goodly haste, the Earl of Douglas becoming bound to 
infeft the said John and Elizabeth, and the lawful heirs of their bodies, 
whom failing, the lawful heirs-male of the body of the said John, in 200 
merks' worth of land, viz., the lands of Stewartoun and Ormysheucht, in 
the barony of Cunningham and shire of Ayr ; whom all failing, the lands 
to revert to the Earl of Douglas and his lawful heirs whomsoever ; and 
the Earl of Buchan became bound to give in dowry to the said Elizabeth 
200 marks' worth of land of free rent yearly, etc. Perth, 21st July 
1410. [Original penes William Fraser, Edinburgh], 281 

51. Charter by Eufamia, Countess Palatine of Stratherne, in her pure and 

lawful widowhood, granting to her brother Alexander the Grame, son of 
Sir William, Lord of Grame, for his good and faithful service, the lands 
of Calandermore and Calanderbeg, in the earldom of Strathern : To be 
held by the said Alexander and his heirs and successors, of the Countess 
and her heirs and successors, in fee and heritage, for ever, for rendering of 
homage, service, ward and relief, and three suits at her three head courts 
within Strathern. Perth, 13th July 14 14 283 



xliv ABSTRACT OF MENTEITH CHARTERS. 



PAGE 

52. Charter by Robert Duke of Albany, Earl of Fife and Menteith and 

Governor of Scotland, to William of Hay of Errol, Constable of Scotland, 
of the lands of the barony of Colly, with the pertinents, in the shire of 
Kincardine, which belonged heritably to William Fraser of Philorth, and 
had been resigned by him : To be held by the said William Hay and his 
heirs, of the King and his heirs, in fee and heritage, for ever, for rendering 
the services due and wont. Falkland, 14th May 1415, 285 

53. Precept by Murdach Duke of Albany, Earl of Fife and Menteith, Governor 

of Scotland, to William Bishop of Glasgow, Chancellor of Scotland, 
directing that a charter be made under the Great Seal in favour of William 
Lord of Grahame, of the barony of Dundaff in the shire of Stirling, and 
the superiority of the lands of Kynpont, Elotstoun, Cliftoun, and Poum- 
fraystoun, in the constabulary of Linlithgow and shire of Edinburgh. 
Stirling, 8th January 1421, 286 

54. Charter by Murdach Duke of Albany, Earl of Fife and Menteith, under his 

Great Seal of office, to his kinsman, William Lord of Grahame, knight, of 
the lands of the barony of Dundaf with the pertinents, in the shire of 
Stirling ; also of the superiority of all the lands of Kynpunt, Elotstoun, 
Clyftoun, and Ponfraistoun, with the pertinents, in the constabulary of 
Linlithgow and shire of Edinburgh, which lands and superiority belonged 
to the said Lord of Grahame, and were resigned by him : To be held by 
the said William Lord of Grahame and Patrick of Grahame, son and heir 
of the deceased Alexander of Grahame, son and heir of the foresaid Lord 
of Grahame, and the heirs-male of his body ; whom failing, by Alex- 
ander of Grahame, second son of the said deceased Alexander, and the 
heirs-male of his body ; whom failing, by John of Grahame, son of the 
foresaid William Lord of Grahame, and the heirs-male of his body; whom 
failing, by Eobert of Graham, son of the said William Lord of Grahame, 
by his second spouse, Marion Countess of Angus, the granter's kinswoman, 
and the heirs-male of his body ; whom failing, successively by Patrick, 
William, Henry, and Walter, second, third, fourth, and fifth sons of the 
said William and Marion, and the heirs-male of their bodies ; whom all 
failing, the lauds and superiority to revert to the nearest lawful heirs-male 



ABSTRACT OF MENTEITH CHARTERS. xlv 

PACE 

of the said William Lord of Grahame, whomsoever, bearing the surname 
and arms of Grahame, of the King and his heirs, in fee and heritage, 
for ever, for rendering the services due and wont ; reserving to the fore- 
said Marion Countess of Angus her conjunct fee and reasonable terce, of 
the said lands. Stirling, 8th January 1421, 288 

55. Charter by John Steuart, Earl of Buchan, Constable of France, and 

Chamberlain of Scotland, to Sir Murdach Duke of Albany, Earl of Fife 
and Menteith and Governor of Scotland, his lord and brother, of the 
lands of Drippis, Bad, Cambusdreny, and Westwod, in the barony of 
Kincardine and shire of Perth : To be held by the said Sir Murdach and 
his heirs and assignees, of the Baron of Kincardine and his successors, in 
fee and heritage, for rendering the services due and wont. Stirling, 28th 
January 1423, 291 

56. Precept by Walter Earl of Athole and Caithness, as tutor of Malise Earl 

Palatine of Strathern, directed to Alexander Loutfute, mair of Strathern, 
for infefting Patrick of Grahame as heir of Alexander of Grahame his 
father in the lordship of Kincardin, namely, Kincardin, Foswell, Clone, 
Koule, and the third part of Nethir Prony and Over Prony with the 
pertinents, and Wester Bardrale, Calandermore, and Calanderbeg with the 
pertinents, in the regality of Strathern, which were held in chief of the 
foresaid Earl, namely, Kincardin, Foswel, Clone, Koule, and the third part 
of Nether Prony and Wester Bardrale in blench farm, and Calandermore 
and Calanderbeg in ward and relief. Given under the granter's seal as 
tutor, at Methfen, 10th November 1424, 292 

57. Charter by King James the First, under the Great Seal, to Malise Earl of 

Menteith, of the lands of Craynis Easter, Craynis Wester, Craguthy 
Easter, Craguthi Wester, Glasswerde, Drumlaen, Ladarde, Blareboyane, 
Gartnerthynach, Blareruscanys, lands of the Forest of Baith, the Sidis of 
Lochcon, lands of Blaretuchane, Marduffy, Culyngarth, Fresefleware, Bose 
with the Cragmuk, Inchere, lands of Achmore, with the Port and the 
Inche, and many other lands in the shire of Perth, which the King- 
constitutes and of new erects into the free earldom of Menteith, reserving, 
however, to himself and his successors, the other lands which belonged to 

/ 



xlvi ABSTRACT OF MENTEITH CHARTERS. 



the said earldom before the present grant, which are not contained in the 
present charter : To be held by the said Malise and the heirs-male of his 
body, whom failing, to revert to the King and his successors, of the 
King and his heirs, in free earldom, fee and heritage, for ever, for rendering 
yearly three suits of court at three head pleas to be held at Perth, and 
ward, relief and marriage when they occurred, with the services due and 
wont. Edinburgh, 6th September, twenty-second year of reign, [1427,] 293 

58. Charter by Malise Graham, Earl of Menteith and Lord of Kynpunt, to his 

kinsman, James Lord Hamilton, knight, and Eufamia his spouse, the 
granter's sister, for his service and aid, of the lands of Elaston, in the 
lordship of Kynpunt, constabulary of Linlithgow, and shire of Edinburgh : 
To be held by the said James and Eufamia, and the survivor of them, 
and the lawful heirs-male of their bodies, whom failing, the lawful and 
nearest heirs of the said James or his assignees, of the grantor and his 
heirs, in fee and heritage, for payment of a penny Scots in name of blench 
farm yearly, if asked only. Castle of Bothuile, 17th December 1453,... 295 

59. Charter by King James the Third, under the Great Seal, whereby, for the 

special favour he bore to his kinsman, Malise Earl of Menteith, and for 
provision to the King and his lieges at the head of Menteith in the hunt- 
ing season and at other times, he erects the town of Port in Menteith 
into a free burgh in barony : To be held by the said Malise and his 
successors, and the inhabitants of the same, with all the liberties belong- 
ing thereto, in all time coming. Edinburgh, 8th February 1466, 297 

60. Notarial Transumpt, made 10th May 1467, of the retour of the service 

before the Sheriff-depute of Linlithgow, of William Lord Grahame, as 
heir of his father Patrick Lord Grahame, in the lands of Kynpont and 
Carloury, in the shire of Linlithgow, which lands of Kynpont were then 
valued at 40 merks, and in time of peace at £20, and were held in chief 
of the crown, blench, for payment of a penny of silver yearly, at the 
Feast of the Nativity, if asked only ; and the lands of Carloury were then 
valued at ten merks, and the same in time of peace, and were held in 
chief of the Lord Preceptor of Torphichen, blench, for payment of nine 
shillings yearly ; and all the lands had been in the hands of their 



ABSTRACT OF MENTEITH CHARTERS. xlvii 

PAGE 

respective superiors for five weeks, through the death of the said Patrick. 
Linlithgow, 2d May 1467, 298 

61. Grant by King James the Third of Scotland to James of Menteith and his 

heirs, heritably, of the lands of Kadnoch, extending to £10 yearly, lying 
in Menteith, in the shire of Perth, as a reward for the slaughter of 
Patrick Stewart, the King's rebel: To be held for payment of £10 
yearly to the King and his successors, in name of feu-farm. Given 
under the Privy Seal, at Edinburgh, 18th December 1473, 300 

62. Instrument of Sasine, following on a precept from William Lord Euthven, 

Sheriff of Perth, in favour of Alexander Grahame, Earl of Menteith, as 
heir of his grandfather, Malise Grahame, Earl of Menteith, in the earldom 
of Menteith. Sasine given on the shore of the Lake of Inchmahome, 
between the said lake and Coldon, 6th May 1493, 301 

63. Bond between King James the Fourth and John Earl of Athol, William Earl 

of Errol, William Lord Graham, Alexander (Grahame), Earl of Menteith, 
John Lord Drummond, William Lord Kuthven, and others, whereby they 
bind themselves to the King to keep all persons dwelling on their lands 
from theft, reset of theft, oppression, reset of rebels, and other offences, 
promising to enter any guilty of such crimes at the justice-ayre of Perth, 
etc. Perth, 27th May 1501, 303 

64. Bond between James Earl of Arran, Lord Hamilton, and Alexander 

(Graham), Earl of Menteith, by which they bind themselves mutually to 
supply, maintain, and defend each other in all their lawful and honest 
quarrels, and to take each other's part when required. Edinburgh, 20th 
November 1503, 306 

65. Obligation by Alexander (Graham), Earl of Menteith, to William Earl of 

Montrose, Lord Graham, etc., who had bound himself to the Earl of 
Menteith to warrant and defend the latter's lands of Kynpunt and 
Elastoun from recognition and all process of forfeiture that might be 
led against them by the King, the said lands being held blench of the 
Earl of Montrose ; the said Alexander becoming bound to deliver back 
the writ of obligation when the holding of the lands was made secure 
in manner therein described, etc. Edinburgh, 14th February 1508, ... 307 



xlviii ABSTRACT OF HENTEITH CHARTERS. 



PAGE 

66. Charter by Alexander (Graham), Earl of Menteith, granting to John 

Colquhoun of Luss, knight, for a certain sum of money, the lands 
of the two Craance, extending to a ten pound land of old extent, and 
the lands of Cragwchte, extending to a five pound land of old extent, in 
the earldom of Menteith and shire of Perth : To be held by the said 
John, his heirs and assignees, of the Earl and his heirs, in fee and 
heritage, for ever, for payment of a penny yearly in name of blench farm, 
ifaskedonly. Eosdow, 13th July 1512, 309 

67. Precept granted by William Earl of Menteith, Lord of Kinpont and 

superior of the lands of Elastoun, for infefting James Earl of Arran, 
Lord Hamilton, as son and heir of James Earl of Arran his father, in the 
lands of Elastoun, in the lordship of Kynpont, constabulary of Linlithgow, 
and shire of Edinburgh. Edinburgh, 14th May 1539, 311 

68. Commission by Mary Queen of Scots, appointing John Earl of Menteith 

her justiciar within the stewartry and earldom of Menteith, for trying 
persons accused of theft, reset of theft, fire raising, sorning, etc. ; and 
empowering him to hold courts, put accused persons to the knowledge of 
an assize, etc., provided none were brought to an assize unless the Justice- 
Clerk or his depute were present, — the commission to last for three 
months. Given under the Great Seal, at Edinburgh, 16th August 1554, 
on a signature subscribed by Mary, Queen-Dowager, Eegent, 313 

69. Letters of Admission and Collation by Mr. John Wynram, styled 

superintendent of Strathern and Menteith, for admitting Malise Graham 
to the vicarage of Aberfoyle, in the diocese of Dunblane, to be reader in 
the kirk there. St. Andrews, 10th July 1573, 315 

70. Bond between John Earl of Menteith and Malcolm MacPharlane, fiar of 

Gartauartane, by which the Earl binds himself to maintain and defend 
the said Malcolm and his heirs, and to take his part against all persons 
except the King, his Lordship's chief, his Lordship's house, and the name 
of Graham ; and the said Malcolm becomes bound to assist the Earl with 
leal arid true service, with all he can command of the name of MacPharlane, 
against all persons except the King, the Duke of Lennox, and his chief, 



ABSTRACT OF MENTEITH CHARTERS. xlix 



PAGE 

and to travel diligently to bring home any goods that should be taken 
from the said Lord or his country. Downance, 6th March 1597, 316 

71. Commission by King James the Sixth to William Earl of Menteith, 

appointing him his justice within the earldom of Menteith. Given under 

the Signet, at Edinburgh, 15th February 1621, 318 

72. Letters by Adam Bishop of Dunblane, whereby, in consideration that William 

Earl of Menteith had, of his free will, engaged to provide a stipend for a 
minister at Aberfoyle, and to make the manse and glebe void of their 
present possessors, he dissolves the patronage of the kirk of Aberfoyle, par- 
sonage and vicarage thereof, from the bishopric of Dunblane, that the right 
thereof might be established in the person of the said Earl, and appoints 
procurators for resigning the said patronage in the King's hands or the 
hands of the Privy Council of Scotland, and surrendering the same in 
the Earl's favour. Logie, 17th September 1622, 320 

73. Patent by King Charles the First, narrating that William Earl of Menteith 

had been retoured heir of David, sometime Earl of Strathern, son of 
King Robert the Second, to whom his father, by two charters, one 
dated at Edinburgh, 19th June, and the other at Perth, 3d July, both in 
the first year of his reign, disponed the earldom of Strathern ; and that 
though the said Earl of Menteith had good right to the said earldom of 
Strathern, yet he, through regard for the King's sacred person, had, by 
letters of renunciation, dated 20th January 1630, and registered 2d March 
following, renounced all right he had to the said earldom of Strathern 
in favour of the King and his successors ; reserving the lands and barony 
of Kilbride and others, and with express provision that the renunciation 
should not be prejudicial to the Earl and his foresaids in their rights and 
dignity of blood as heir of line to the foresaid David Earl of Strathern, etc. 
Wherefore the King ratifies and approves the said honour, dignity, and 
place of Earl to the said William Earl of Menteith and his foresaids, and 
ordains the said William Earl of Menteith and his heirs-male and of tailzie 
in the earldom of Menteith to be styled Earls of Strathern and Menteith 
in all time coming, with rank and precedency granted to the said David 
Earl of Strathern in the two charters made to him by his father, King 
Robert the Second, etc. Oatlands, 31st July 1631, 323 



ABSTRACT OF INCHMAHOME CHARTERS. 



CHARTERS OF THE PRIORY OF INCHMAHOME. 

PAGE 

74. Letters by William Bishop of Glasgow and Galfrid Bishop of Dunkeld, in 

which they recount the receipt of a mandate directed to them from Pope 
Gregory [Ninth] regarding the wretched state of the church and diocese 
of Dunblane, and the means to be used for amending the same, dated at 
Viterbo, 3 Ides of June, eleventh year of pontificate [11th June 1237] ; 
on receipt of which, the Bishops having called the Bishop of Dunblane 
and Walter Gumming, Earl of Menteith, into their presence, the said 
Bishop and Earl submitted to their decision regarding all the contentions 
and quarrels between them. The said Bishops ordain the Bishop of 
Dunblane to renounce all right he had in the lands or moneys received 
from the lands, the church dues and pence annually uplifted from the 
churches of the earldom of Menteith, in which the said Earl had the 
right of patronage ; further, that it should be permitted to the said Earl 
and his successors to build a house for religious men of the order of 
St. Augustine in the Isle of Inchmaquhome, without opposition from the 
Bishop : assigning also by grant of the said Earl, with assent of the said 
Bishop, the churches of Lanyn and the said isle to the said religious 
men, reserving the episcopal dues ; ordaining, further, that the said Earl 
should assign the church of Kippen as a perpetual canonry to the church 
of Dunblane, reserving to himself and his heirs the right of presentation. 
Perth, 1st July 1238, 32G 

75. Lease by Andrew, Prior of Inchmahome, with consent of the chapter, to 

his servitor Andrew Stewart and Elizabeth Maistertoun his spouse, of 
the lands of Drumlanniklocht, with 20s. worth of the lands of Arni- 
clerycht, in the barony of Cardross and shire of Perth, for the term of 
nineteen years, for the payment of 50s. Scots of yearly maill. Inch- 
mahome, 16th April 1526, 329 

7 6. Discharge by Mary Queen of Scots, whereby, in consideration that, in the 
Parliament held in the Abbey of Haddington on the 7th July instant, 
it was advised and ordained by the Queen-Mother, James Earl of Arran, 



ABSTRACT OF INCHMAHOME CHARTERS. 



tutor and Governor, and the three Estates, that the Queen should be con- 
tracted with the Dauphin of Prance ; and the Queen-Mother and Governor 
and Lords of Council having determined the Queen should be sent to 
France, and understanding the faithful service done by John Lord 
Erskine and Alexander Lord Livingstone, specially in the faithful keeping 
of the Queen's person, have ordained them to set out with the Queen 
from the Castle of Dumbarton and pass to France ; and though the said 
Lords Erskine and Livingstone in the previous September, soon after the 
field of Pinkiecleuch, when the Queen was transported from the Castle 
of Stirling to the Isle of Inchmahome, the Queen-Mother, Governor, and 
others being there also, had received discharges of all further keeping of 
the Queen, which are hereby ratified : Therefore the Queen now exoners 
and discharges the said Lords of all obligations, acts, contracts, etc., by 
which they were bound to have kept the Queen. Given under the 
Privy Seal, and subscribed by the Queen-Mother, the Governor, and Lords 
of Council, at Lethington, 20th July, sixth year of reign [1548], 331 

77. Lease by John [Erskine], Commendator of Inchmahome and Convent 

thereof, to Alexander Mentetht in Polmonthtmyln and his sons, of the 
lands and steading of the Lochend, for nineteen years, for a yearly rent 
of 43s. 4d. Scots, with arriage, carriage, and service used and wont. 
Inchmahome, 29th July 1548, 333 

78. Bull by Pope Paul Fourth, conferring the Priory of the Monastery of Inch- 

mahome on David Erskine, clerk of the diocese of St. Andrews, which 
priory had been held by John Erskine in commendam, and had, through 
his procurator, been resigned by him in the Pope's hands, who now grants 
it to the said David in consideration of his good endowments and of a 
request by Mary Queen of Scots to that effect, reserving an annual pension 
to Andrew Ballou, canon of the monastery, etc. The letters are directed 
to the Bishops of Feltre, Orkney, and Dunblane, who are charged to 
induct the said David Erskine to the office. Kome, 10th January 1555, 335 

79. Form of Oath taken by David Erskine, Commendator of the Priory of the 

Isle of St. Colmoc of Inchmahome, of the order of St. Augustine, in 



lii ABSTRACT OF INCHMAHOME CHARTERS. 



which he swears to be faithful to St. Peter and the Eoman Church, 
not to give away, feu, or alienate the possessions of the priory without 
consulting the Roman pontiff, etc. 1556, 339 

80. Bull by Pope Paul Fourth, granting to David Erskine the monastery of 

St. Mary of Dryburgh, of the Premonstratensian order, of the diocese of 
St. Andrew, to be held by him in commendam, along with the conven- 
tual priory of St. Colmoc of Inchmahome, etc. ; and directing the Arch- 
bishop of Glasgow, the Bishop of Dunkeld, and Official of Paris, or any 
two of them, to take his oath of fidelity. Rome, 17th July 1556, 341 

81. Instrument of Process following on the Bull by Pope Paul the Fourth, in 

favour of David Erskine, of the Priory of Inchmahome, by Thomas 
Campegio, Bishop of Feltre, judge specially deputed by the apostolic see, 
directed to the Bishop of Dunblane, narrating that he had received the 
Pope's Bull in favour of David Erskine (No. 78; supra), and hereby 
charging to induct and invest the said David Erskine in the priory of the 
monastery of St. Colmoc of Inchmahome, of the order of St. Augustine 
canons-regular of the diocese of Dunblane, and intimating the same to the 
Bishop of Dunblane and all concerned, and requiring and charging them, 
within six days after intimation hereof, to place and induct the said David 
in real possession of the said priory, and admit him thereto, under 
pain of excommunication, etc. Rome, 5th December 1 556, 343 

82. Charter by David, Perpetual Commendator of the Monastery of Inchmahome, 

with consent of the chapter, granting to John Lord Erskine and his 
heirs-male, whom failing, to his heirs and assignees whomsoever, the 
lands of Boirland, called the mains of Cardross, in the shire of Perth : To 
be held by him in feu- farm and heritage for ever, for payment of ten 
marks of rental yearly, with five marks yearly of augmentation, and a 
duplicand on the entry of an heir. The Monastery, 8th August 1562,... 349 

83. Charter by David, Perpetual Commendator of the Priory of Inchmahome 

and Convent thereof, granting to John Lord Erskine, his heirs-male and 
assignees, the office of bailie of the barony of Cardross, and all the other 
possessions of the priory, and assigning for the execution of said office the 
feu-ferme rents and duties of the lands of Arnepriour, Cardene, Kepe, and 



ABSTRACT OF INOHMAHOME CHARTERS. liii 

PAGE 

others, extending in the old rental yearly to £65, 9s. 4d. Scots ; which 
office of bailiery formerly belonged heritably to James Erskine of Little 
Saucliy, brother of John Lord Erskine, last deceased, and was resigned by 
him in favour of the said John Lord Erskine : To be held of the granter 
and his successors, in fee and heritage for ever, for due service in holding 
courts of the barony, etc., with precept of sasine, etc. The Monastery of 
Inchmahome, Sth August 1562 353 

84. Instrument of Sasine following on the precept contained in the foregoing 

charter. 18th August 1562, 357 

85. Charter by David [Erskine], Perpetual Commendator of the Monastery of 

Inchmahome and Convent of the same, confirming a charter, dated at 
Edinburgh, 5th October 1560, by Alexander Erskine of Cangloir, feu-farmer 
of the lands underwritten, selling and alienating to John Lord Erskine, 
his brother-german, and the heirs-male of his body, whom failing, to his 
lawful and nearest heirs-male whatsoever, the lands of Arnepriour, Gardene, 
Kepe, Wester Poldoir, Eistir Poldoir, Gartcledyny, and others in the shire 
of Perth, in return for the half of the lands of Cambusbarron, in the shire 
of Stirling, and the lodging or tenement of the said Lord, with garden and 
pertinents, lying in the burgh of Stirling, and also for the sum of £2000 
Scots : To be held by the said John Lord Erskine and his foresaids, from 
the granter and his heirs, of the commendator or prior of Inchmahome 
and convent thereof, in feu-farm and heritage for ever, for payment of the 
usual maills, profits, and duties. Monastery of Inchmahome, 12th August 
1562, 359 

86. Letter by David [Erskine], Commendator of the Abbeys of Dryburgh and 

Inchmahome, with consent of the Convents thereof, granting to John 
Lord Erskine, for the manifold good deeds done by him, and his defence 
and protection of the said abbeys, a yearly pension of 500 merks out of 
the rents of the same ; and assigning to him, in security, the fruits of the 
kirks of Gulane, Chyudilkirk, Pencaitland, pertaining to the Abbey of 
Dryburgh, and of the kirk of Luntrethen, with the teindsheaves of the 
lands of Bordland, pertaining to the Abbey of Inchmahome. Castle of 
Edinburgh, 31st December 1562, 362 

9 



liv 



ABSTRACT OF 1NGHMAH0ME CHARTERS. 



87. 



88. 



89. 



Lease by David Erskine, Commendator of Inclmiahome, granting to James 
Seittoun of Tullibody and John Seittoun his son, for their lifetimes, and 
to the heirs of the said John for nineteen years thereafter, the teindsheaves 
and emoluments of the parsonage of the parish church of Lanye, in the 
diocese of Dunblane and shire of Perth, for payment of 80 merks yearly. 
Cardross, the day of 1583, 



364 



Lease by David, Commendator of Inchmahome and Convent thereof, granting 
to Michael Elphingstoun, domestic servitor to the King, the teindsheaves 
of the lands of Gartincaber, Wester Spittiltoun, Murdochstoun, Ballintoun, 
and M c Corranestoun, in the parish of Kilmadok, stewartry of Menteith, 
and shire of Perth, for his life, and to his heirs for nineteen years, at a 
yearly rental of £9, 6s. 8d. Scots. Cardross, 20th April 1587, 365 

Kental of the feu-duties of the Priory of Inchmahome. Circa 1640. 
[Original penes William Fraser, Edinburgh], 368 



lv 



ABSTRACT OF APPENDIX 

I.— PAPERS RELATING TO QUEEN MARGARET AS LIFERENTRIX OF 
THE LORDSHIP OF MENTEITH, THE CASTLE OF DOUNE, ETC. 

PAGE 

90. Obligation by William Edmonstone of Duntreath, John of Stirling of the 

Keir, knight, George Shaw of the Knokhill, and Richard Lekky of that 
Ilk, binding themselves to Margaret, Queen of Scots, for the safe keeping 
of the castle and place of Doune in Menteith, pertaining to her Highness 
by reason of conjunct fee, to be ready at all times to receive her Highness, 
and the King her son, in the castle at her pleasure, she and the King 
paying their own expenses during the time of their stay ; and that until 
the said William Edmonstone or Archibald his brother, who had tacks of 
the said castle and place, came to their perfect age of twenty-one ; also, 
that no man of great authority or great clan should have the keeping of 
the castle under them, and no trespassers or broken men should be received 
into it ; also to cause her Highness's chamberlains of her lordship of Men- 
teith to be readily answered and paid all maills, etc., of the said lordship, 
if Walter Buchanan failed in the inbringing of the same, and to cause 
them be paid to her Highness at the castle of Stirling, with power to 
the Queen, in case of failure of the said William or Archibald to keep 
the castle, or to fail in payment and inbringing of the maills, to dispose 
of the castle as she should think expedient, and apprise the lands and 
goods of the foresaid persons, for the sums that should remain unpaid. 
Signed and sealed at Dunblane, 29th September 1520, 369 

91. Charge by Margaret, Queen of Scots, to Thomas Robeson, to pass and 

command William Edmonstone of Duntreath, keeper of the castle of Douue, 
whither the Queen intended to go and remain for some time, to make 
ready for receiving her, according to his bond made to the Queen there- 
anent, and under the pains contained therein. Stirling, 4th July 1525, 371 
The execution indorsed on the charge by the messenger, states that on the 
same day he passed to the said William Edmonstone, and delivered the 



lvi 



ABSTRACT OF APPENDIX. 



charge, desiring him to make ready the castle to receive the Queen, and 
that he replied that he would receive herself and her gentlewomen, but 
would not receive her servants ; on which the messenger declared to him 
that her grace would not come there without servants corresponding to 
her rank. 4th July 1525, 371 

92. Decree by the Lords of Council, anent letters raised by the Queen's grace 

against William Edmonstone of Duntreath for intromitting with her castle 
and place of Doune in Menteith, and refusing to allow the Queen or her 
servants to intromit with the same, and a charge given to him to deliver 
up the same within forty-eight hours, under the pain of rebellion and 
putting of him to the horn, or else to appear before the Lords and show 
a reasonable cause why he should not be put to the horn. The Lords on 
non-compearance direct letters against the said William Edmonstone, and 
all other withholders of the castle and place of Doune, to deliver the same 
to the Queen, or her factors, within forty-eight hours after being charged 
to do so, under the pain of rebellion. Edinburgh, 11th July 1527, 372 

93. Warrant and Charge under the Signet, subscribed by King James the Fifth, 

by which he commands William Edmonstone of Duntreath to deliver the 
castle of Doune in Menteith to the Queen his mother, or to her factors, 
within twenty- four hours after being charged thereto, according to the 
decree of the Lords of Council in favour of her Highness, and certifying 
him that if he failed so to do, the King would come in person and take 
his house from him, to his displeasure. Edinburgh, 20th August 1527, 373 

The execution states that, on the 24th of August 1527, Alexander Carmaig, 
messenger, passed at the Queen's command to the castle gate of Doune, 
and delivered the said warrant of the King to William Edmonstone of 
Duntreath, and desired an answer in writing, who said that he would 
obey the King in all things, and bear his answer to his grace himself, ... 374 

94. Sentence by the Lords of Council, refusing to relax William Edmonstone 

of Duntreath from the horn, or give him opportunity to pursue the 
summons raised by him for retractation of a decree obtained by the 
Queen against him, till such time as he obeyed the said decree. Edin- 
burgh, 28th August 1527, 375 



PAGK 

95. Letters of Suspension under the Signet, subscribed by King James the Fifth, 

suspending his other letters releasing William Edmonstone from the process 
of horning led agaiust him by the Queen, for non-delivery to her of 
the house and castle of Doune in Menteith, and annulling the same, 
because they were procured on wrong information, and ordaining the first 
letters obtained by the Queen, by which the said William Edmonstone 
was put to the horn, to have effect until they be reduced ; charging the 
messenger to inform the said William thereof, and of new to denounce him 
rebel and put him to the horn, and charge the lieges, by open proclama- 
tion at the burghs of Perth, Stirling, Dumbarton, and Linlithgow, not to 
assist or intercommune with the said William so long as he remained 
rebel. Falkland, 20th October 1527, 375 

96. Commission by Margaret, Queen of Scotland, conjunct-fiar of the lands and 

lordship of Menteith, constituting James Stewart, brother-german of 
Andrew, Lord Avandale, her steward of the lordship of Menteith, and 
captain of the castle of Doune, for her lifetime, with all the profits and 
emoluments that William Edmonstone, last steward and captain of the 
same, enjoyed, and also appointing the said James chamberlain in the 
lordship of Menteith, with power of appointing deputies under him, and 
constables in the castle of Doune. 1527, 376 

97. Notarial Instrument, narrating the proceedings at the Stewartry Court of 

Margaret, Queen of Scotland, and Henry Stewart her spouse, held at Doune 
in Menteith by Robert Callendar of Maner, their bailie in that part, on 
the 6th day of August 1528, whereby the bailie, with advice of his 
assessors, decerned the letter of tack made by the Queen to William 
Edmonstone of Duntreath, of the captainry of the castle of Doune and 
certain lauds in the lordship of Menteith, to be expired and forfeited to 
the Queen, because the said William Edmonstone had bound himself to 
receive the Queen within the foresaid castle, and to bring in all maills and 
duties of her lands of Menteith, failing which, the tack to be expired, 
according to his letters of obligation read before the bailie ; and the said 
William had refused to receive her Grace within her said castle, and 
failed in paying the maills of the lands of Cultintogill, Brokland, Balmoris, 



lviii ABSTRACT OF APPENDIX. 



PAGE 

Myltoun, Calzebuchquhalze, Bra of Canimys, and Ward of Gwdy, in the 
lordship of Menteith, occupied by the said William, and id inbringing of 
the maills of the lands of Duchray, occupied by George Buchanan of that 
Ilk, Corryquhrumby, occupied by Duncan Walterstoun, and other lands, 
extending in all to ,£248. After the delivery of this decree, John 
Edmonstone in Cammysmore protested on behalf of the said William 
Edmonstone that nothing now done by the foresaid bailie should turn to 
his prejudice, and Mr. Bobert Galbrath, procurator for the Queen and 
her spouse, in their presence declared himself ready to admit the said 
John Edmonstone, or any others, to defend the said action on the part 
of the said William Edmonstone, on showing a sufficient mandate, 
and further, offered to give assurance to the said William, or any in his 
name, to compear and defend their action, and protested that the said 
William could not allege hereafter that he or his friends could not defend 
this action through want of assurance from the Queen and her husband. 
Thereafter James Stewart, brother of Henry Stewart, exhibited a Crown 
charter, dated at Edinburgh, 14th July 1528, granted to him by the 
King, with express consent of the Queen aforesaid, of the keeping and 
captaincy of the Castle of Doune, with the office of steward of Menteith, 
for his lifetime. Which charter the Queen received into her hands, and 
ratified the same with consent of her said spouse, and entered and receivetl 
the said James Stewart into the said offices, and in open Court charged 
the tenants and inhabitants of the lands and lordship of Menteith to 
obey him as undoubted captain of the castle of Doune, and steward of 
Menteith. Done in the public Court of the Stewartry of Menteith, 
near the Castle of Doune, in presence of James, Earl of Moray, Andrew, 
Lord Avandale, Archibald Campbell, Master of Argyll, Sir John Stirling 
ofKeir, knight, and others, 6th August 1528, 378 

98. Commission by King James the Fifth to James Stewart, Captain of the 
Castle of Doune and Steward of the Stewartry of Menteith, giving him 
power to use the office of stewartry aforesaid, according to the King's gift 
under the Great Seal. Given under the Quarter Seal, at Stirling, 8th 
August 1528, 383 



QUEEN MARGARET AND DOTJNE CASTLE. 



99. Commission by Margaret, Queen of Scotland, conjunct-fiar of the lands and 

lordship of Menteith, with consent of Henry Stewart of Methven her 
spouse, making and constituting James Stewart, his brother-german, 
steward of the lordship of Menteith and captain of the castle of Doune 
for his lifetime, his entry thereto being at the date of this present writ, 
with certain lands pertaining to the captaincy and keeping of the 
castle, viz., the lands of Easter Frew, Middle Frew, Wester Ergady. 
Drumcamsy and Bellekeraucht, Kerss of Cammyss, Mill and Cruives of 
Doune, fishings of the Lochs and Stanks of Lugnok, Lochbanaquhare and 
Gudy, with all other profits that by use and wont formerly pertained to 
William Edmonstone of Duntreath, last steward and captain of the said 
lordship and castle, with power to select deputies and appoint constables 
for the keeping of the castle, and appointing him also to be chamberlain 
of the lordship of Menteith. Signed by the Queen and Henry, Lord 
Methven , and sealed at Stirling, 1st September 1528, 384 

100. Grant by Margaret, Queen of Scotland, appointing the said James Stewart 

to be her steward of the lordship of Menteith, captain of the castle of 
Doune, and chamberlain of the lordship of Menteith, in terms similar to 
the former commission, but stating the duties more in detail. Signed 
and sealed at Stirling, Sth September 1528 386 

101. Notarial Instrument, narrating that in the presence of Margaret, Queen of 

Scotland, and others, after the completion of an agreement between 
the said Queen Margaret and Henry Stewart, Lord of Methven, her 
husband, on the one part, and William Edmonstone of Duntreath on 
the other part, James Stewart, captain of Doune in Menteith, and the 
said William Edmonstone, conferring with each other anent a perpetual 
friendship to be established between them, the said James showed that 
he had a letter of lease from the Queen, of certain lands that the said 
William formerly held on lease, in the stewartry of Menteith, and a Crown 
charter of the keeping of the castle of Doune, with certain lands specified 
in it, and the office of Steward of Menteith, and craved the good-will 
and ratification of the foresaid William Edmonstone in regard to the 
writs, who affirmed the same, saying he was well content with them. 



Ix ABSTRACT OF APPENDIX. 

PAGE 

and shook hands with the said James as his special friend ; and the said 
James on his side promised friendship to the said William to the extent 
of his ability. Done at the Castle of Doune, 23d September 1528, 389 

102. Precept by Margaret, Queen of Scotland, to warn her tenants, feuars, and 

tacksmen of the lordship of Menteith to compear in the bailie court of 
the lordship, to be held in the Tolbooth of Edinburgh, 9 th April following, 
proclamation to that effect being made at the parish churches ; also to 
warn William Edmonstone of Duntreath, at his dwelling-place of Cambus 
Wallace in Menteith, to appear the said day and place. Subscribed by 
the Queen and Henry, Lord Methven, 1 2th March 1529, 391 

103. Precept by Margaret, Queen of Scotland, subscribed by her and Henry, Lord 

Methven, her husband, to warn and charge William Edmonstone of 
Duntreath and all other intromitters to remove from the lands and houses 
of the Miltoun of Cammus, Bra of Cammus, Ward of Gudy, Newtoun of 
Doun, Ballemorist, Cailzeboquhailze, Brokland, Cultentogill, Brigend, 
Wester Dowar, Grodicht, Achinherd, and Markland of Glenman, in the 
lordship of Menteith and shire of Perth, which pertained to the Queen in 
conjunct-fee. Edinburgh, 12th March 1529, 392 

104. Decree by the Lords of Council in the action at the instance of William 

Edmonstone of Duntreatli and James Edmonstone, against James Stewart, 
captain of Doune, and Bartilmo Balfour, for spoliation and taking away 
from the said William Edmonstone, in the month of March previous, of 2 
chalders of oats from the lands of Myltoun of Cammis, 24 bolls of oats 
from the lands of Newtoun of Doune, and from the said James Edmon- 
stone, 3 chalders of oats from the lands of the Bray of Cammis. The 
Lords absolve the defenders from the petition and summons of the pursuers, 
and acquit them thereof in time to come. Perth, 6th December 1530, 393 

105. Extract Agreement between James Stewart of Menteith and William 

Edmonstone of Duntreath, for avoiding of a lawsuit, cost, and expenses of 
both parties in regard to the right to the stewartry of Menteith and 
.captainship of Doune in Menteith, claimed by the said James to pertain 
to him heritably in feu-farm, and by the said William by reason of gift 
and lease during the Queen's lifetime. The articles of agreement are : — 



AGREEMENT : EDMONSTONES AND STEWART. Ixi 



PACE 

The said James becomes bound to resign in the hands of the King, before 
Christmas next, the 5 pound lands of the Bray of Cambus, the 5 pound 
land of the Mylton of Cambus, with mill of the same, the half of 
the lands of Brokland Estir, extending to five merks worth of land, then 
occupied by Ewin Mackvaa, the four merk land of Ballemorist, the 40s. 
land of Calzeboquhalze, and the 40s. land of the Ward of Gudy, extend- 
ing in all to 20 pound land of old extent, in the stewartry of Menteith and 
shire of Perth, in favour of the said William Edmonstone of Duntreath, his 
heirs and assignees, and obtain a signature of donation and gift of the 
foresaid lands, to be held by the said William and his heirs heritably in 
feu-farm, with consent of the Queen's grace. And the said William on 
his part binds himself to renounce all right or claim to the stewartry 
of Menteith, the captainship of the castle of Doune in Menteith, and the 
following lands that belonged to it, viz., the castle of Doune, the mains 
thereof called Drumeamse, and Calkerauche, the Kers of Cammis, the 
Newtoun of Doune, Wester Argade, the 10 pound land of Frews, lands 
of Cultintogill, Wester Brig, lands of Grodeth, Dowart, Auchinhard, 
merkland of Glenmany, Mill of Doune, with cruives and fishing thereof, 
keeping of the forests, and all other lands or profits whatsoever ; and 
engages to cause Archibald Edmonstone his brother renounce his claim in 
like manner ; and engages himself to take part with Henry, Lord Methven, 
and the said James in all their lawful actions, etc. All to be observed 
under the penalty of £2000 Scots. Dated at Edinburgh, 10th November, 
and recorded 1st February 1531, 394 

106. Extract from the Acts of Council, bearing that Archibald Edmonstone, brother 

to William Edmonstone of Duntreath, compeared before the Lords of 
Council, and gave his consent to the foregoing bond and agreement in all 
points, and gave over all right he had to the stewartry of Menteith or 
captainship of the castle of Doune, etc. Edinburgh, 9th February 1531, 400 

107. Commission by Archibald, Earl of Argyll, having power under a commission 

dated at Perth, 18th March 1563, to convocate the Queen's lieges in the 
shires of Argyll, Tarbert, Dumbarton, Bute, and others, for searching for 
and apprehending the Clan Gregor, " rebellis and malefactouris," appointing 

h 



lxii ABSTRACT OF APPENDIX. 



PAGE 



John, Earl of Menteith, and James, comniendator of St. Colm, Steward 
of Menteith, his deputes in that part, with authority to charge the 
inhabitants of the stewartry, earldom, and whole country of Menteith, 
as well of lands belonging to the Lairds of Glennegyis, Merchistoun, and 
others within the bounds thereof, annexed to the shires of Dumbarton 
or Perth, and of Bouchquhidder, or any part thereof, to convocate the 
inhabitants for searching for the Clan Gregor, bringing them to justice, 
or pursuing them out of the said bounds, and charging the inhabitants to 
pass forward with the said deputes when summoned to do so, under .pain 
of punishment at law. Stirling, 26th March 1564, 401 

108. Discharge by Mary, Queen of Scots, to Sir James Stewart of Doune, knight, 

in part recompense of his expenses incurred in her service in France 
and repairing of the castle of Doune in Menteith, granting to him the 
feu-maills, etc., of the lands of Ooldochis, Kep, and others in the lordship 
and stewartry of Menteith, pertaining to the Crown, for the years 1560-66, 
and till the Whitsunday term 1567, and discharging him of the same. 
The Queen also remits and discharges in his favour the third of his benefice 
of St. Colm's Inch for all years resting unpaid. Edinburgh, 9th April 1567, 403 

109. Missive Letter by King James the Sixth, subscribed by John, Earl of Mar, 

Regent, directing his messengers to charge Sir James Stewart of Doune, 
knight, Steward of Menteith, to present Duncan Makalester, taken prisoner 
and then in the hands of the said Sir James,, for murders committed by 
him, before the Regent and Lords of Secret Council at Stirling, the second 
day after being thus warned, to be examined by them concerning certain 
matters touching the common weal. Stirling, 25th December 1571, ... 404 

110. Warrant by King James the Sixth and John, Earl of Mar, Regent, to the 

captain of the castle of Doune in Menteith, to receive Sir Walter Scott 
of Branxholrn, knight, to be warded in the castle at his own expense, 
till freed by the Regent. Leith, 2 6th February 1571, 405 

111. Warrant by King James the Sixth and John, Earl of Mar, Regent, dispensing 

with the warding of Sir Walter Scott of Branxholrn in the castle of 
Doune before the 3d of March, and transferring his ward to the castle of 



DISTINGUISHED PRISONERS IN DOUNE. 



PAGE 

Bossy th, which he is appointed to enter before 5 th March at night, this 
arrangement not prejudicing his bond and the obligation of his sureties. 
Leith, 3d March 1571, ^ 406 

112. Warrant by John, Earl of Mar, Regent, to the captain of the castle of 

Doune, to set James Kincaid, elder, of that Ilk, at liberty, taking security 

for his again entering ward at the castle on fifteen days' warning. 1571, 407 

113. Warrant by King James the Sixth and John, Earl of Mar, Regent, to the 

captain of the castle of Doune, to set Sir Walter Scott of Branxholm at 
liberty, and receive him again when he should offer himself. Stirling, 
7th July 1572, 407 

114. Letters under the Signet of King James the Sixth, subscribed by James, 

Earl of Morton, Regent, to his Steward of Menteith, charging him to 
compel the tenants of the stewartry to carry " skailze " (slates) from the 
Hewch in Menteith to the castle of Stirling for " beating " and making it 
watertight, under the pain of 20s. for every horse absent, or not transport- 
ing the full number of slates. The tenants had been previously charged 
to carry the slates under a missive letter from the Earl of Morton, 
Regent, to the Steward, and had " contempnandlie " disobeyed it. Dal- 
keith, 24th July 1574, 408 

115. Missive under the Signet of King James the Sixth, subscribed by James, 

Earl of Morton, Regent, directing his messengers to arrest the maills and 
duties of the lands and lordship of Menteith, and lands included there- 
with in times bygone, of the term of Whitsunday last, 1575, and in time 
to come, to remain under arrest in the hands of the feuars, tenants, and 
possessors, till the persons claiming right to uplift them presented their 
titles and commissions before the Regent and Council, and order should be 
taken for uplifting the said maills and duties, and making account of them, 
as they had remained long unentered in the rolls of Exchequer, and had 
been intromitted with by several persons without good right or sufficient 
commission. Holyroodhousc, 29th May 1575, 409 

116. Warrant by King James the Sixth, subscribed by James, Earl of Morton, 

Regent, to the captain of the castle of Doune, to receive John Living- 



lxiv ABSTRACT OF APPENDIX. 



PAGE 

stone, younger of Donypace, into ward in the Castle. Holyroodliouse, 
21st December 1577, 411 

117. Order by King James tlie Sixth to the captain of the castle of Doune to 

set at liberty Archibald Stewart, Provost of Edinburgh. Subscribed by 

the King, at the Castle of Stirling, 1 4th August 1578, 412 

118. Warrant under the Signet, subscribed by King James the Sixth, to the 

captain of the castle of Doune to receive Will Ellott, son to the elder 
Tod, from Laurence, Lord Oliphaut, to be warded in the castle, being 
one of three Borderers intended to be kept there in ward. Stirling 
Castle, 25th April 1579, 413 

119. Warrant by King James the Sixth to the captain of the castle of Doune to 

receive in ward John Forrest, burgess of Linlithgow. Castle of Stirling, 
24th August 1579, 413 

120. Warrant by King James the Sixth to the captain of the castle of Doune to 

deliver John Eliot, son to the elder Will, to the Provost or Bailies of 
Edinburgh, to be kept in the Tolbooth of that city. Holyroodhouse, 
19th November 1579, 414 

121. Order by the same to set at liberty Hob Eliot, called the Vicar's Hob. 

Holyroodhouse, 24th December 1579, 414 

122. Letters of Protection by King James the Sixth in favour of Duncan Stewart, 

son to Black Alexander Stewart in Glenbukkie, and John Dow M'Kewin, 
alias John Galbraith, in the Eister Brigend of Doune, foresters-depute to 
Sir James Stewart of Doune, of the forest of Glenfynglas, who were so 
molested by certain persons dwelling near the forest, that for fear of their 
lives they were compelled to pasture the said persons' cattle in the forest, 
and suffered other injuries. The King therefore takes them and their 
possessions into his special protection, and commands proclamation to that 
effect to be made at the market cross of Stirling and other places needful. 
Holyroodhouse, 22d September 1580, 415 

123. Warrant by King James the Sixth to the captain of the castle of Doune 

to receive into ward Laurence, Lord Oliphant, to remain there and within 
a mile of the castle on his own expenses till freed by the King. Holyrood- 
house, 6th December 1580, 414 



REPARATION OF DOUNE PARK WALL. 



lxv 



PAGE 

124. Letters by the same charging Malcolm beg M°Farlan and Andrew M°Farlan 

of that Ilk to cease and desist from meddling or intromitting with the 
forest of Glenfmlas as pretended keepers thereof, the foresaid Malcolm 
beg M°Farlan having, upon false information made to the King, obtained 
from him a letter, subscribed by him without the advice of his Council, 
giving to the said Malcolm the keeping of the forest for a certain space, in 
prejudice of the King and Sir James Stewart of Doune, heritable keeper 
of the said forest. Proclamation to that effect is to be made at the 
market crosses of Stirling and Perth, and the parish churches of Port 
and Kilmadock. Holyroodhouse, 7th December 1580, 118 

125. Account of Repairs made on the place or castle of Doune by advice of Sir 

Robert Drummond of Carnock, his Majesty's master of works. Dated at 
the Place of Doune, 12th August 1581, 419 

126. Warrant by King James the Sixth to the captain of the castle of Doune 

to receive in ward Gilbert Dick, one of the Bailies of Edinburgh. Sub- 
scribed by the King, at the Castle of Stirling, 11th April 1582, 421 

127. Warrant by the same to James Stewart, Lord of Doune, to allow William 

Erskine, commendator of Paisley, to remain in free ward on his own 
charges and at his own peril within the castle of Doune, the King not 
intending that Lord Doune should keep any prisoners at his own peril, or 
that any blame should rest on him if the prisoner happened to escape. 
Holyroodhouse, 3d December 1583, 422 

128. Warrant by the same to Lord Doune, Steward of Menteith, to cause the 

feuars and others to build and repair the park dyke of Doune, which had 
become ruinous and was fallen down, and which the feuars of the stewartry 
had been in use to repair before, causing them to enter to the work 
before the last of May and end it before the last of October ; and failing 
their so doing, to uplift 13s. 4d. from every merkland in the stewartry 
liable for the repairing of the dyke, and employ the money in the work. 
Holyroodhouse, 20th May 1584, 423 

129. Warrant by King James the Sixth to receive David Graham of Fintry into 

ward in the castle of Doune. Holyroodhouse, 20th May 1591, 424 



lxvi 



ABSTRACT OF APPENDIX. 



II.— SIX JACOBITE LETTERS AT BLAIR-DRUMMOND. 



130. King James the Eighth to William, Marquis of Tullibardine, afterwards 

called Duke of Athole, expressing his satisfaction that the Marquis and 
his companions were arrived in Trance, and stating that he would not 
write at present to Lochiel and Clanronald, having written to them at 
the beginning of the year. The King sends to the Marquis a small 
sum of money through General Dillon, thinks they should stay some time 
in France, as he really had not the means to pay for their journey to 
Eome, though he should have liked to have them near him. He then 
refers to some evil reports about himself and the Earl of Mar, who was 
still in confinement, but thinks, on a survey of the public affairs of 
Europe, they had no reason to despair of their cause. Eome, 29th 
April 1720, 425 

131. The Same to The Same, sending letters enclosed, and stating that Glen- 

derrel's letter required a more particular answer, and that he looked on 
the Marquis as one of those who had particularly distinguished themselves 
in his service, and deserved " good, and I am sure, sincere words, till I 
can give them better encouragement." Eome, 23d May 1720, 427 

132. Lord George Murray, fifth son of John, first Duke of Athole, to his brother 

William, designed Duke of Athole, informing him of the Prince's advance, 
and begging him to cause as many men as possible march for Dunblane, 
so as to be there next day [Tuesday] or early on Wednesday, and asking 
him if possible to be at Tullibardine on the morrow at noon to consult 
with the Prince, who, if he did not see the Duke, would leave instruc- 
tions in writing, to the effect that when the latter should be joined by the 
Highlanders that were to come up from the north and west, he should 
quarter at Blair Castle, while the Prince pushed forward and crossed the 
Forth, etc. Perth, 9th September 1745, 428 

133. Prince Charles-Edward to William, designed Duke of Athole, requesting him 

not to fail to be with him in Edinburgh to proceed with him to England, 
whither he meant to set out next week, and bidding him hasten others. 
Holyroodhouse, 11th October 1745, 429 



LETTER AS TO "MAID OF NORWAY.' 



PAGE 

134. William, called Duke of Athole, to Prince Charles-Edward, in answer to 

the foregoing. That the Prince's letter had not reached him till the 
evening he wrote, having been taken by the enemy and retaken — the 
convoy of arms and ammunition from the King of France had arrived 
the night previous, — that it would be the following night before all the 
men could be got together to join the army, and the next morning he 
would march with them to join his Koyal Highness. Dunkeld, 15th 
October 1745, 430 

135. Prince Charles-Edward to William, called Duke of Athole, pressing him to 

hasten forward all the men he could without a moment's loss of time, as 
the enemy were again preparing to march towards them. Bannockburn, 
28th January 1746, 430 

III. -CHARTERS AND MISCELLANEOUS PAPERS. 

136. Letter by William Eraser, Bishop of St. Andrews, to Edward the First, 

King of England, stating that his Majesty's ambassadors, the Scottish 
ambassadors who had been sent to his Majesty, and several nobles of 
Scotland, had met at Perth on the Sunday following the Feast of St. 
Michael, to receive the King's answer to the points treated of by the 
ambassadors in his presence, and that the faithful nobles, and a certain 
party of the communitas of Scotland, gave him unbounded thanks for his 
answer ; that his Majesty's ambassadors and the Bishop himself were 
making ready to set out for Orkney, to arrange with the Norwegian 
ambassadors for receiving their queen, when a lamentable rumour spread 
among the people of her death, whereby the kingdom was disturbed ; that 
on the spread of this rumour, Sir Eobert Bruce, who before did not 
intend to come to the foresaid meeting, came with a large force, but the 
Bishop was still ignorant of what he meant to do. However, the Earls 
of Mar and Athole had already summoned an army, and certain other 
Lords were joining their party, so that there was dread of a civil war, 
unless his Majesty applied a speedy remedy. That the Bishop of 
Durham, the Earl of Warrenne, and himself, had heard that the queen 
was recovering, but was still weak, whereupon they had resolved to 



lxviii 



ABSTRACT OF APPENDIX. 



remain near Perth till they received sure information from the knights 
who had been sent to Orkney, and if they had good news, they would 
set out thither to accomplish the business aforesaid. The writer advises 
that if Sir John de Baliol came to the King's presence, he should so treat 
with him that in every event his Majesty's honour and interest should be 
preserved ; and that if the queen had departed this life, his excellency 
should condescend to draw towards the Marches for the consolation of 
the Scottish people, and to spare the shedding of blood, so that the faith- 
ful of the kingdom might be able to keep their oath unbroken, and 
appoint him to be king who of right ought to inherit, providing he would 
follow his Majesty's counsel. Dated at Leuchars, Saturday, the morrow 
of St. Faith the Virgin [7th October], 1290, 431 

137. Letters of Confirmation by John, Earl of Carrick and Steward of Scotland, 

eldest son of the King of Scotland, Robert, Earl of Fife and Menteith, 
and Alexander, Lord of Badenoch, the King's sons, in consideration of 
the praiseworthy services done to their father and themselves by John 
Lyon, the King's clerk, confirming and ratifying to him a charter of the 
lands of the Thanage of Glamis, in the shire of Forfar, granted by their 
father to him ; and engaging never to impugn or revoke the same, what- 
ever state any of them should occupy, even should it be the royal 
dignity, but to renew and confirm the grant as often as required, and 
maintain the same against all seeking to impugn it. Edinburgh, 7 th 
January 1373, 433 

138. Letters-Patent by King Robert the Second, narrating that a marriage had 

been solemnly celebrated in face of the church and in his own presence, 
between his beloved son, John Lyon, Chamberlain of Scotland, and 
Joanna of Keth his daughter, with consent of his sons, John, Earl of 
Carrick, Robert, Earl of Fife and Menteith, and Alexander Stewart, Lord 
of Badenoch, and other friends and kin, and declaring that in case there 
should have passed between the said John Lyon and Joanna previous to 
the said solemnity any acts of matrimony, such as a marriage secretly 
contracted, carnal intercourse, or pretended excuse that might cause the 
King's displeasure, or be imputed to them as perfidy, infamy, or matter 



CHARTERS BY ROBERT, DUKE OE ALBANY. ' lxix 



PACE 

of charge, he makes known that, understanding that these were 
preparatory to the said marriage, and had a reference to and were in 
accordance with it, he would retain no displeasure against them on that 
account, but remit all oifence on that ground ; forbidding any one to 
impute blame, infamy, or perfidy to either of them, or revile or defame 
them therefor. These letters to continue during their lifetimes. Dun- 
donald, 1 Oth May, eighth year of reign, 1378, 434 

139. Charter, by Eobert, Duke of Albany, Earl of Fife and Menteith, and Gover- 
nor of Scotland, under his seal of office, granting to Malcolm Fleming 
of Biggar, and Elizabeth Stewart his spouse, the granter's daughter, 
the whole lands of the barony of Biggar, in the shire of Lanark, together 
with an annual rent due out of the lands of Kerse, in the shire of Stirling, 
pertaining to the abbot and convent of the monastery of the Holy Bood of 
Edinburgh, which formerly pertained to the said Malcolm heritably, and 
were personally resigned by him into the Governor's hands in the Chapel 
of St. Mary the Virgin at the Bridge of Tay : To be held by the said 
Malcolm and Elizabeth, and the longer liver of them, and the heirs-male 
of their bodies, whom failing, to revert to the heirs-male of the foresaid 
Malcolm whomsoever, of the King and his heirs, in fee and heritage for 
ever, for rendering the services due and wont. Perth, 28th June 1413, 4.36 

140. Bond of Manrent by "William Chalmer of Drurnlochie to David, Lord Drutn- 

mond, engaging to take part with him and his heirs in all their actions 
and causes against all persons except the Queen and the authority of the 
realm ; and that in consideration that Lord Drummond and certain others, 
principals of the four branches, and nearest of kin and friends of the late 
George Drummond of Ledcreif and William Drummond his son, had 
remitted and forgiven the said William Chalmer for their slaughter, and 
given him letters of slains thereon. Edinburgh, 5th December 1558, ... 437 

141. Precept by King James the Seventh to James, Earl of Perth, Chancellor, 

and the Lords of the Treasury in Scotland, to pay to John Graham of 
Duchray a yearly pension of 500 merks Scots, as a small supply from 
the King for his subsistence, and in consideration of his loyalty, suffer- 
ings, and services ; also to cause the pension of £100 sterling granted to 

i 



Ixx ABSTRACT OF APPENDIX. 



PAGE 

him by the late King to be punctually paid ; further, remitting and dis- 
charging the feu-duties of his lands for the year 1686 and preceding 
years, which had not been paid since the last discharge granted to him by 
King Charles the Second in 1671, and requiring the Treasury to give 
him sufficient acquittances for the same. Whitehall, 25th October 1686, 439 

142. Precept by The Same to The Same, narrating that George Drummond of 

Blair had received a commission, dated 1 6th April 1 686, to pursue for and 
uplift all wards, non-entries, and reliefs, etc., fallen due since 1st August 
1674, through decease of any vassals of the Crown holding their lands by 
simple or taxt ward, and in time coming during the King's pleasure, and 
allowing him a fifth part of the proceeds, with his necessary expenses ; 
and also a new commission of the 8th instant, ratifying the former, and 
empowering him to receive the non-entries of lands held in blench or feu- 
farm, with non-entries of annual rents due to the Crown since the 1st 
August 1674, which he formerly received under a Commission from James, 
Earl of Perth, Chancellor, to whom the King had assigned the same till 
he should be paid the sum of £8000 sterling, and giving to the said 
George the same allowance for recovery thereof. The King being well 
pleased by the industry and success of the said George Drummond in 
discovering and pursuing for these casualties, directs the Lords of the 
Treasury that a just fifth part of the sums recovered should be allowed 
to him in his accounts, together with his necessary charges, and the 
remainder to be paid to the Earl of Perth. Whitehall, 10th November 
1687, 440 

143. Precept, The Same to The Same, directing the Lords of the Treasury to pay 

to Sir Hugh Paterson of Bannockburn and George Drummond of Blair, 
keepers of the Signet under the Secretaries of State, a yearly pension of 
£100 sterling equally between them, in consideration of their pains and 
charges in receiving the " black box " thrice every week and sending it. 
Whitehall, 17th July 1688, 442 

144. Letter from John Grahame of Claverhouse, Viscount Dundee, to Lord Strath - 

naver, stating that being suddenly called to Inverlochy to give orders 
anent the forces sent from Ireland, he had been unable to answer his 



LETTERS FROM CLAVERHOUSE AND ROB ROY. lxxi 



I' AUK 

letter sooner, and assuring his correspondent that there was no stability 
in the new government, and that Derry was taken, that the French fleet 
were masters at sea, and that the side he had chosen seemed the more 
promising. This letter was written fourteen days before the battle of 

Killiecrankie. Struan, 15th July 1689, 443 

A note appended by Sir Thomas Livingstone, dated 19th July 1689, 
bears that the letter was in answer to one written at his desire by Lord 
Strathnaver to the Viscount of Dundee. 

145. Letter from James Drummond to his father, George Drummond, first of 

Blair JJrummond, that he was glad his father was to allow him some 
months in Italy, which he hardly deserved, since he had come without his 
father's consent ; that he would return to Utrecht in September, but in 
the meantime hopes to visit Naples and Rome. He had been travelling 
with Lord Perth, but begs his father to be in no concern about his religion 
on that or any other account. Venice, -|fth March 1695, 445 

146. Rob Roy, signing Robert Campbell, to John, first Earl of Breadalbane, that 

he had the honour to come of his Lordship's family, and hopes his Lord- 
ship will give a precept for four trees to help to build his nephew's 
house. Portnellan, 12th November 1707, 446 

147. The Same to The Same, that he hoped his Lordship would bind John 

Campbell in Innerardoran and Glenfalloch's bairns to keep the peace, 
who, when they had previously quarrelled, had been caused by Loch- 
dochard and the writer to give a bond to that effect, under penalty of 
1000 merks, but he was now informed the bonds had been destroyed. 
Portnellan, 4th September 1711, 447 

148. The Same to The Same, giving further details about the said bond, of 

which one copy was still in Lochdochard's keeping uudestroyed, which 
state of affairs the writer hopes his Lordship would rectify. Corrycherich, 
15th September 1711, 448 

149. The Same to [address wanting], that he could not get to the meeting at 

the time for settling about the cow that was in dispute between 
Archibald M'Intyr and Duncan Ban, but that they would be sure to 
agree in regard to it at next meeting. Portnellan, 24th June 1711, ... 448 



ABSTRACT OF APPENDIX. 



PAGE 

150. Testament-dative and Inventory of the goods pertaining to Robert Roy 

Campbell in Inverlochlarigbeg, in the parish of Balquhidder and com- 
missariot of Dunblane, at the time of his decease, which was in the 
month of December previous, given up by Mary M'Grigor, alias Camp- 
bell, spouse of the deceased, as executrix-dative to him, for payment to 
her of £436, 10s. 4d. expended by her on his funeral, master's rents 
and servants' fees, and medicaments during his sickness, etc. The 
Inventory is confirmed on the 6th February 1735, Eaynold Drummond 
and John Fisher of Tayenrouyoch being cautioners, 449 

151. Letter from Jean Carre, wife of James Drummond, second of Blair- 

Drummond, to her eldest son George, expressing her satisfaction to hear 
of his intention to settle in marriage so much according to his father's 
and uncle's inclinations as well as his own, and her hope of the lady he 
was to marry, " as she is an honour to your family, that she will likewise 
be a blessing." Blair-Drummond, 13th May 1 738, 451 

152. Commission by Prince Charles-Edward, Regent, appointing Michael Brown 

a Lieutenant-Colonel in the regiment of foot commanded by William, 
Duke of Athole. Holyrood House, 31st October 1745, 452 



ROYAL LETTERS. 



1. King Charles I. to William seventh Earl of Menteith. 
12th May 1627. 




Right trusty and welbeloued cousin and counsellour, Wee greete yow well. 
Wee haue both heard and found by experience your affection for the further- 
ing of all those thinges tending to the aduancernent of our seruice and the 
generall good of that our kingdome, for which wee giue yow heartie thankes, 
and will not be vnmindfull thereof when anie occasion shall offer, whereby 
wee may expresse our respect vnto yow, not doubting but that yow will con- 
tinue in the like course as yow haue begunne. 

Vnderstanding how well yow are disposed to the religion presentlie pro- 
fessed, and knowing what relation yow haue to our right trustie and welbe- 
loued, the Lord Gray, whose eldest sone, (as wee are informed,) being in your 
companie, yow have seen carefullie bred in the said religion ; Wee do like- 
wise therein approue your care, and do wish yow to continue the like, by 
all such meanes as yow shall think fitt for that purpose ; for our desire is that 
the children of all our good subjectes, but speciallie such as are borne to be 



ROYAL LETTERS. 



[1627. 



Peeres of that kingdome, or who are to be in any eminent place, haue their 
education after that maner. "Which recommending vnto your care, wee bid 
yow heartilie farewell. From our Court at Whitehall, the 12 day of May 
1627. 

To our right trustie and welbeloued cousin and counsellour the Earle of 
Menteith. 



2. King Charles I. to William seventh Earl of Menteith. 
18th October 1627. 

Charles E. 
.Right trusty and welbeloued cousin and counsellour, Wee greete yow well. 
Wee haue vnderstoode by diuerse of your good and constant affection to our 
seruice in all thinges wherein your opinion might contribute to the further- 
ance thereof, for which wee giue yow hearty thankes, and will not be vnmind- 
full of the same when anie further occasion shall offer, whereby wee may 
expresse our respect vnto yow ; and as yow haue begunne, so wee are confident 
that yow will from time to time continue in the like good seruice, and spe- 
ciallie till this busienesse concerning the erectiones and other thinges contained 
in the late commission for those purposes be brought to the intended perfec- 
tion. And in regard of the proof already giuen by yow for the aduancement 
of our seruice and the publict good, wee haue thought fitt to craue your pri- 
uate opinion concerning those thinges submitted vnto vs, wherein wee haue 
giuen particuler instructiones to our trusty and welbeloued Sir Archbald 
Achesone, Knight, to be imparted vnto yow. So, after that some speciall 
thinges concerning our said seruice are put to some good point, wee think it not 
amisse that yow repair vnto our Court, where some thinges may offer wherein 



1628.] KING CHARLES I. 



wee will impart our further pleasure vnto yow. Thus wee bid yow farewell 
From our Court at Whitehall, the eighteene day of October 1627. 

To our right trustie aud welbeloued cousin and counsellour the Earle of 
Menteith. 

3. The Same to the Same.— 11th February 1628. 

Charles E. 

1. That some of the noblemen cheefely interested be prepared to signe the 

Submission before it be presented to the Commissionares in publick. 

2. That the opiniones of some of the most eminent persones, and of the best 

affected to his Majestie's service, may be procured concerning the course 
to be taken in the Decree, and that vnder their hands. 

3. That his Majestie's advocatts draw up a Commission for surveighing the 

Lawes and Practickes of the Kingdome, with a blank for Commissionares' 
names, whereof a roll is to be sent to his Majestie that he may make 
choice. 
\. That a care be had to repayre his Majestie's houses, for saveing of his game, 
and for helping of the highwayes. 

5. To consult again concerning the Penall Statutes, that after consideration of 

the estate of the tyme, and of the preparatioun necessary for a Parlia- 
ment, the transgressioun of them in tymes past may either be wholly 
respetted, or at least a great discretion vsed in makeing choice of them 
that should be punished, and great moderatioun vsed in the maner of 
exacting, since his Majestie inclynes to a respetting the tyme past, and 
to punish only the present or late trausgressiones. 

6. In reguard that the sufficiency of the Clerk of the Shyre may contribute 

much to the goode of his Majestie's service, and to the Governement of 



ROYAL LETTERS. [1628. 



the countrey, and to the effect they may be circumspectly made choice 
of by one neare his Majestie, by whom his Majestie may direct them, 
and who shall be answerable to his Majestie for them, that his 
Majestie's advocatt draw a warrant to this effect for Sir William Alex- 
ander, his secretary ; That as he hath the makeing the Clerkes of the 
Signett, so he may in like manner have power to make the Clerkes of 
of the sayd shyres. 

7. And least his Majestie's subjects who are to signe the sayd submission 

should be putt to vnnecessarie trouble and charges in repayreing from 
thair dwellings to signe it, his Majestie is well pleased that any two of 
them within the shyre, who are warranted from the rest, shall signe the 
same in name of them all who are tith-bayares. 

8. To recommend to the Commission for Surrenders the erection and provyd- 

ing of the churches desired to be plaunted at Portpatrick and Crawford 
Moore ; and after they have considered of the intention of his Majestie's 
late father for provyding the church at Greenok, that they likewise take 
a course for doing the same. 

9. That the Commission for the Circuitt Courts be expede and take effect 

according to his Majestie's former directioun gevin concerning the same. 

10. That James Mowate be placed as shirreff- clerk of the shirrefdome of 

Barvick, according to his Majestie's graunt, gevin vnto him therevpoun. 
Giuen at the Court at Whitehall, the eleuenth day of Februarie 1628. 

4. King Charles I. to William seventh Earl of Menteith. 

13th March 1628. 
Charles E. 

Eight trusty and welbeloued cousin and counsellour, Wee greete yow well. 

Wee haue vnderstood by your letter and otherwise how effectuallie yow haue 



1628.] KING CHARLES I. 



proceeded in our seruice committed to your charge at your last being here, 
for which wee giue yow hearty thankes. Now, because wee intend to tak your 
opinion concerning the Decree to be made by vs vpon the Submission, wee 
require yow (after yow haue vsed your best meanes for furthering the signeing 
thereof, and after the 23 of Aprile, which is appointed for puting a conclusion 
to that erand,) to repair vnto our Court with all diligence, when our farther 
pleasure shal be imparted vnto yow. We bid yow farewell. From our Court 
at Whitehall, the 13 of March 1628. 

To our right trusty and welbeloued cousin and counscellour the Earle of Mon- 
teith, President of our Counscell in our Kingdome of Scotland. 



5. The Same to the Same.— 11th April 1C28. 

Chaeles E. 
Eight trusty and welbeloued cousin and counsellour, Wee greete yow well. 
Wee haue vnderstoode how carefull yow haue been to further our seruice, 
and do approue of the resolution yow haue taken, to stay till the 23 of Aprile, 
that yow may bring the Submission with yow, signed by all such as haue con- 
discended therevnto, with a certane information of them who are otherwayes 
disposed. And thereafter wee desire yow to repaire vnto our Court with all 
diligence, that wee may haue your opinion in some thinges concerning the 
Decree that wee are to giue forth, whereof wee intend not to determine till 
yovir coming. So not doubting but yow will vse the best expedition yow can, 
wee bid yow farewell. From our Court at Whitehall, the eleventh day of 
Aprile 1628. 

To our rioht trustie and welbeloued cousin and counsellour the Earle of Mon- 
teith, President of our Priuie Counsell of our Kingdome of Scotland. 



ROYAL LETTERS. 



[1628. 



6. King Charles I. to William seventh Earl of Menteith, and Others. 

11th July 1628. 
Charles E. 
Eight trusty and right welbeloued cousin and counsellour, and trustie and 
welbeloued, Wee greete yow well. Whereas wee have beene latelie petitioned 
by the relict, kin, and freendes of vrnquhile David Tossach of Minivaird, 
that justice may be graunted to them against Lawrence Bruce, youngar of 
Coulmalindy, Alexander Bruce, his brother, William Oliphant, then of Gask, 
Alexander Fleming of Monneis, Peter Blair and John New, their complices 
and associates, who were at the slaughter of the sayd vmquhile David Toss- 
ache ; wee knowing that nothing doth more concerne vs in dutie and conscience 
then to see the land purged of soe haynous a sinne, by causeing inflict due 
punishment vpoun the offendares, according to oure lawes provided in those 
cases ; Oure pleasure is, and wee doe hereby will and require yow, and either 
of yow, that justice may be tymously administred vpoun the foresayds per- 
sones, committers of the sayd slaughter, and that according to the lawes and 
practique of that oure kingdome obserued by yow, oure justices in the like 
cases, and that notwithstanding of any expired respett or other favour granted 
heretofore to them, or either of them. So, not doubting of your carefull per- 
formance of the premisses, wee bid you farewell. From our Court at White- 
hall, the 11 July 1628. 

To our right trusty and welbeloued cousin and counsellour the Earle of Mon- 
teith, President of oure Priuie Counsell, and our Cheef Justice of our 
Kingdome of Scotland, to our trusty and welbeloued Mr Alexander 
Coluill, our Justice Depute there, and to our trusty and welbeloued 
counsellour Sir George Elphingston of Blythiswood, Knight, our Justice 
Clerk, and to his deputs. 



1628.] KING CHARLES I. 



7. King Charles I. to William seventh Earl of Menteith. — 22d July 1628. 

Charles E. 

Instructions giuen by his Majestie vnto the Earle of Monteith, 
the 22 July 1628. 

It is our Eoyall pleasure that the Earle of Monteith, President of our Priuy 
Counsell, performe these instructions following, viz. : — 

That he have a care of setting fordward of the Circuits and Justice airs 
according to theire severall commissions, and that every sherriff, steward, 
bailzie, justice of the peace, and other officers, may be compelled to execute 
their severall chardges. 

That he consult with the Commission of Tythes for appointeing severall 
committees for the severall busines referred vnto the same. 

That he give order for executeing the late Commission for the Lawes, 
whereby the same may be. ready against the next parliament. 

That he consult and resolve with the Lords of Counsell concerning the 
mending of the highwayes, repaireing of our howses, and prouideing for our 
Coronation and Parliament, and furnishing of our howses dureing our aboad in 
that kingdome, and for our cariadges and carts vpon every remove within 
the same. 

That he cause renew the Commission of the Borders, that the same may 
be duely executed as it had wonte. 

That he cause prouide the churches, Parliament Howse, Counsell Howse, 
Chappell, and all other things fitting for our entrie, Coronation, and Par- 
liament. 

That he cause some speedy directions to all our forrests for furnishing 
of deere and venison for our howse. 



ROYAL LETTERS. [1628. 



That he aduise Avith the Counsell for setting downe instructions concern- 
ing such Penall Statuts as they shall think fitt to be executed in the next 

circuite or justice aires. 

Akch. Acheson. 

8. King Charles I. to William seventh Earl of Menteith. 
28th August 162S. 
Charles B. 
Eight trusty and welbeloued cousin and counsellour, Wee greete yow well. 
Wee receaued your letter, whereby wee perceaue the continuance of your 
care and diligence to do vs good sendee, for which we giue yow hearty 
thankes, desiring that yow will continue to vse your best endeauours that the 
valuation of the tithes may be both speedihe and truely tryed, whereby that 
great work of the tithes may be the more quicklie brought to the intended 
perfection ; wherein, nothing doubting of your care and ready paines, wee bid 
yow farewell. From our Court at Southwick, the 28 of August 1628. 

To our right trusty and welbeloued cousin and counsellour the Earle of Mon- 
teith, President of our Priuie Counsell in our Kingdome of Scotland. 



9. The Same to the Same.— 20th October 1628. 

Charles E. 
Eight trusty and welbeloued cousin and counsellour, Wee greete yow well. 
Hauing already sufficiently acquainted yow with oure mynd concerning your 
proceeding in the Circuite Courts, and knowing that the furthering thereof 
may tend much to the goode of oure service for the better governement of that 
oure kingdome, being verie loth that any thing through improuidence should 
fall out for hindering of the same, wee have thought vpoun their estate in this 



1628.] KING CHARLES I. 



who have regalities, and as wee intend no way to remove them from that 
winch they possess but by due course of law, or by giveing due satisfaction, 
as the case in law or equitie shall require, soe wee are very confident that as 
they were entrusted with that charge for administration of justice, soe they 
will not doe any thing that may hinder the executioun thereof, cheefely in 
things that could not be challenged in these Courtes, vnlesse they had beene 
omitted by them ; and if any persone shall doe otherwise, it will give vs just 
cause to provyde for a remedie ; and yet out of oure respect to their right, that 
wee may not derogate from the samen ; Oure pleasure is, that yow and the 
judges appointed for the Circuite Courtes, whensoever they are to sitt in 
any place, doe call vnto them the Lords of Eegalities or their Bayliffes 
interested in that bounds, and require them to sitt with them, that both may 
concurre togither for administratioun of justice, which wee will think of as 
acceptable service done vnto vs. And soe wee bid yow farewell. From 
oure Court at Whitehall, the twenty day of October 1628. 

To oure right trusty and welbeloued cousen and counsellour the Earle of 
Menteitk, President of oure Counsell of Scotland. 



10. The Same to the Same.— 28th October 1628. 

Charles E. 
Eight trusty and welbeloued cousin and counsellour, Wee greete yow well. 
Being informed that, notwithstanding of many fair admonitiones given by 
some of oure clergie there vnto Sir Johne Ogilvie of Craig and George Ogilvie, 
his brother, for the better reclaimeing of them from their open profession of 
poperie and frequent resetting of priests and Jesuits, and that for their con- 
tumacie they are excommunicated by the Church and denunced our rebells 
at the command of our Counsell, yett they obstinatlie and insolentlie continue 

B 



10 ROYAL LETTERS. [1628. 

in their former profession to the greate scandall of the religion presentlie pro- 
fessed, and contempt of our lawes prouided in those cases ; for remedie whereof, 
and for the better preventing the like dangerous courses hereafter, wee are 
hereby pleased to require yow that with all convenient diligence yow vse 
your best meanes for apprehending of them, and being taken that you coni- 
mitt them to some of our sure wardes, there to be kept till wee shal be pleased 
to signifie our further pleasure concerning them ; and that yow tak the like 
course with all such other persons who give the like just cause of offence, and 
with whome the like course shall be desired to be taken by us or our said 
clergie. So wee bid yow farewell. Gevin at our Court at Whitehall, the 
28th day of October 1628. 

To our right trusty and welbeloued cousin and counsellour the Earle of Mon- 
teith, President of our Privie Counsell in our Kingdome of Scotland. 

11. King Charles I. to William seventh Eael of Menteith. 

27th November 1628. 
Chaeles E. 

Eight trusty and right welbeloued cousin and counsellour, Wee greet yow 

well. Whereas, vnderstanding that the ministeris of Edinburrow haue hitherto 

deferred the administration of the holy Sacrament to their people by reason 

of the factious and turbulent disposition of certane persones within their con- 

gregationes that do refuse to communicat with them, and knowing no reason 

why they that are obedient sould, for the contempt of otheris, be defrauded 

thereof, wee haue willed and required them but further delay to doe their 

dueteis in the administratioun of the Sacraments. Likeas wee haue required 

the Magistrats of that toun to look to their people and see that there be no 

disordour amongst them, but that all glue their obedience in communicating 

with their pastours : As also haue writtin to the Lords of Session (whom it 



1628.] KING CHARLES I. 



becometh to go befoir others in example of obedience as they do in place,) 
that they appoint all the members of that judicatoure to addres themselffs to 
the participation of the holy Sacrament with the rest of the people, and that 
they themselffs communicat togither in the Church of St. Geills, to the end 
that utheris by their obedience may learne to obserue the ordour prescryued 
in that case. Soe wee have thought fitt to desire yow in particular to be 
present and countenance that holy action, participating with the rest, which 
wee sail esteeme as good and acceptable seruice done vpon your pairt vnto 
vs. And so wee bid yow farewell. Gevin at our Court at Whitehall, the 
27th day of November 1628. 

To our right trusty and welbeloued cousin and counsellour the Earle of Mon- 
teith, President of our Privie Counsell in our Kingdome of Scotland. 

12. The Same to the Same.— 12th December 1628. 

Charles R. 
Eight trusty and welbeloued cousin and counsellour, Wee greete yow well. 
Haueing vnderstoode the good seruice yow haue done vs in setling the Circuit 
Courts which wee had recommended vnto yow, and being desireous to haue 
your aduise in some other things concerneing our seruice, wee wishe yow pre- 
sent that wee may haue opportunitie to conferre with yow. But because wee 
know not how yow can convenientlie be spared for the present from our ser- 
uice there, wee remitt to your owne consideration the makeing choice of a fitt 
tyme for your repairing hither, which shal be verie acceptable vnto vs, and so 
wee bid yow farewell. Gevin at our Court at Whitehall, the 12th day of 
December 1628. 

To our right trusty and welbeloued cousin and counsellour the Earle of Mon- 
teith, President of our Privie Counsell in our Kingdome of Scotland. 



12 ROYAL LETTERS. [1629. 

13. King Charles I. to William seventh Earl of Menteith. 

21st April 1629. 
Charles B. 

Eight trusty and welbelovted cousin and counsellors, "Wee greete yow well. 
As wee vnderstand the greate trauellis and charges yow have beene at in 
doeing vs service, soe wee are resolued that yow shall not onely not be a 
sufferer thereby, but that wee will reward yow in such maner as may encour- 
age yow cheerefullie to prosecute our service entrusted vnto yow till it be 
brought to a full perfectioun. But though the estate of our coffers be such at 
this tyme that wee cannot presently spare from thence that which wee are 
willing to bestow vpoun yow, and that wee doe not thinke it fitt to give yow 
a publict warrant till wee first considder of the meanes whereby it may be 
payed, yet to assure yow of oure goode intentioun towards yow, and that yow 
may the more freely vndergoe in the meanetyme any charges that the neces- 
sity of our service for the present shall require, these are to signifie vnto yow, 
that wee intend to bestow vpoun yow, as soone as conveniently wee can afford 
it, the summe of fyue thousand pounds sterling money, whereof yow may 
assure yourselfe, and of oure further fauour, according as wee shall finde yow 
to deserue. And soe wee bid yow farewell. From oure Court at Whitehall, 
the 21st of Aprile 1629. 

To oure right trusty and welbeloued cousin and counsellour the Earle of 
Monteith, President of our Councell of Scotland. 

14. The Same to the Same, and Others.— 2d May 1629. 

Charles E. 
Eight trusty and welbeloued cousin and counsellour, and trusty and welbe- 
loued Counsellours, wee greete yow well : Whereas, according to the course 



1629.] KING CHARLES I. 13 

beguune by our late deare father, wee were pleased to give order for creating 
of Knight Barronetts within that our Kingdome for the plaunting of the 
plantatioun of New Scotland, as the Commission gevin for that effect parti- 
cularly beares, and haveing alwise a desire that those of the most auncient 
families and best estates might be first preferred, notwithstanding that they 
had beene duely wairned by proclamatioun for that purpose, yet out of our 
earnest desire to give them all reasonable satisfaction, wee did signe pattents 
for sundry of them, that in case they should in due tyme accept thereof, they 
might take place from the tyme of our signeing of the same, notwithstanding 
that others whose pattents were signed by vs thereafter had passed oure greate 
seale before them, and because the most parte of those pattents being signed 
by vs at one tyme, we could not then give order by makeing of them of severall 
dates for their particular precedencies, as was requisite : Oure pleasure is 
that yow, or any two of yow, haveing considered of the quality and estate of 
these for whom such pattents were signed, doe fill vp the dates of euery one 
of them, as yow, in your discretion, shall thinke fitt ; for doeing whereof 
these presents shall be vnto yow a sufficient warrant, which wee will yow to 
insert in your Bookes of Councell or Sessioun, if yow shall finde it expedient : 
And soe wee bid yow farewell. From our Court at Greenwitch, the 2 of May 
1629. 

To oure right trusty and welbeloued cousin and counsellour the Earle of 
Monteith, President of our Councell of Scotland ; and to our trusty and 
welbeloued counsellours, Sir William Alexander of Menstry, Knight, 
and Sir Archibald Achesone of Glencarny, Knight, our Secretaries for 
our sayd Kingdome of Scotland. 



14 ROYAL LETTERS. [1629. 

15. King Charles I. to William seventh Earl of Menteith.— 7th June 1629. 

Charles E. 
Instructions from His Majestie for the Earle of Menteith, President of 
His Majesties Councell, concerning his Service. 

1. To sound how his Majestie's Decreete is lyked of, and yf there he any just 

exception taken against it, to advertise hack what may concerne the 
same with diligence. 

2. To advise what course is hest to he taken with the Lordship of St. John, 

that the erector or heritors thereof may either submitt, or he persued by 
due course of law for the samen, and regalities depending therevpoun. 

3. To treate with such as have heretable offices that they may be surrendered 

for reasonable satisfaction ; and to acquaint his Majestie what noblemen 
or men of quality haveing them doe affect a title of honour that they 
may first demitt whateuer heritable office or regality they have, ere his 
Majestie hearken vnto their sutes. 

4. To treate with such as haveing no heritable office are curious to have a 

title of honour, and to try what men they will furnish to be plaunted in 
New Scotland, whereby their honour may in some measure be deserued. 

5. To advise what course may be taken for makeing out the noniber of 

Knight Barronetts that the plantatioun of New Scotland may be pro- 
secuted, and the charges already disbursed therevpoun recouered. 

6. To deale with the Judges of the Circuite Courts that they sitt at their 

next meeting vpoun such penall Statutes as were recommended by the 
Councell the last yeare. 

7. To represent vnto the Councell what the Countrey doth suffer by the 

frequent resort of nombers here, that the best remedie may be devised 
for preventing the like in tyme comeing. 



1629.] KING CHARLES I. 15 

8. To propound vnto the Commissioun that euery parish may have some 

allowance for pious vses to he joyned with the benefite of the church 
boxe, and disposed of by the minister and elders of the parish. 

9. To crave an accompt of the letter wryttin for Sir James Stewart, willing 

him to he payed of what is found justly due vnto him conforme there- 
vnto. 

1 0. Whereas there is a proposition made concerning the fewing of Orknay, 

Zetland, and the Vdall Lands that the tenuents may use pollicy, and 
our rents be the better secured ; let it be advised by our Councell or 
Exchequer whither it be convenient for vs to doe soe or not, and to 
certifie the same back with diligence, with such reasones as are gevin 
concerning the same. 

11. To adverte vnto the cause which is debated between the Lord of Lome 

and the Yleanders, and to advertise vs what is fitt to be done therein. 

12. To hold back the Lettere concerning the Principality till haveing advised 

with our Advocate or such others as yow shall thinke fitt whither it 
be convenient to deliver it presently or not, yow advertise vs concerning 
the samen. 

From our Court at Greenwitch, the sevinth of June 1629. 

S. W. Alexander. 

16. King Charles to John Earl of Mar, Lord Treasurer, and Others. 

29th June 1629. 

Charles E. 
Whereas wee are informed by our right trustie and welbeloued cosin, John 
Earle of Carrick, that none of his pencion there, of five hundred pounds 
sterling, hath bin paid vnto him these fower yeares past, to his great loss and 
preiudice, whereby he is much dishabled for our service, and frustrated of 



16 ROYAL LETTERS. [1629. 

our late deare father's royall intencion and our owne towards him : Our 
pleasure therefore is, and wee do hereby authorise, will, and require you, with 
all convenient and possible diligence, to pay, or cause to be paid vnto him, or 
his assignes, the said fower yeares areres of his said pencion of five hundred 
pounds sterling per annum, as alsoe yearely and termely hereafter, as the 
same shall from time to time grow due, and that out of anie our rents, 
casualties, customes, imposts, annuities, comissions or concealements what- 
soeuer : And for your soe doeing these presents, togeather with the acquittance 
or acquittances of the said Earle or his assignes shal be vnto you and every of 
you, and vnto the auditors of the accompts of our Exchequer for allowing of 
the same from time to time a sufficient warrant and discharge in that behalf. 
Giuen att our Court att Greinwich, the 29 day of June 1629. 

To our right trustie and right welbeloued cosin and counsellor, John Earle 
of Marr, our Treasurer, Comptroller, and Collectour of our Kingdome of 
Scotland, and to Archibald Lord Naper, our Deputie in the said Offices, 
and to Sir Allexander Straughan of Thornton, Knight, Comissioner of 
our Concealments and Comissions, and to Sir Henry Wardlaw of Pitt- 
reuey, Knight, and Mr. Dauid Fullarton, Eeceauours of our Eents and 
Casualties, and to all and euery of them. 

1 7. King Chakles I. to William seventh Earl of Menteith. 
28th July 1629. 
Charles E. 
Kight trustie and welbeloued cousin and counsellour, Wee greete yow well. 
Whereas wee were pleased of late to give vnto yow some instructiones touch- 
ing such things as were fitt for the good of our service within that our 
Kingdom, and being willing to conferre with yow concerning such of them as 



1629.] KING CHARLES I. 17 

yow haue alreadie propounded and sett a foote there, and of those which are 
intended to he prosecuted : Our pleasure is, that how soone yow can conveni- 
entlie yow repair vnto our Court, where our further pleasure shal be imparted 
vnto yow concerning the same. So wee hid yow farewell. From our Court 
at Theobalds, the twentie eight of Julij 1629. 

To our right trustie and welbeloued cousin and counsellour the Earle of Men- 
teath, President of our Privie Counsel! of our Kingdome of Scotland. 



18. The Same to the Same.— Circa 28th July 1629. 

Chaeles E. 
Instkuctiones from His Majestie to the Eaele of Monteith, President of 
His Majesties Counsell of Scotland. 

That yow considder and advise how the annuity already due may [be] best 
brought in by the meanes already prescribed, or by anie way that may con- 
duce to that end. 

That yow advise according as the present occasiounes shall require if it 
be necessary to have a convention, in what maner, at what tyme, what pur- 
poses are to be treated of therein, and that yow advertise accordingly that the 
directiounes recprisite may be gevin for that effect. 

That yow try what vassals will buy in their own few duties to our vse, 
and likewise what benefite wee may have for our interest in the tithes of 
erectioun. 

That yow advise and considder what way the casualities may be reduced 
to a certainty with augmentation of oure rents and without greeveing oure 
subjects. 

That yow informe yourselfe what course is taken with Glamoriestoun in 

c 



18 ROYAL LETTERS. [1629. 

that busienesse wherein wee wrote formerly to the Earle of Murray, that 
yow may either see the same setled if the sayd Earle hath not taken order 
with the same already, or that yow certifie vs what yow thinke fitt to be done 
therein. 

That yow acquainte Sir James Campbell of Lawers with a petition 
exhibited against him wherein wee are supplicated to give way to justice. 

That yow informe yourselfe concerning this late trouble falne out in 
Angus, that in reguard of the great contraversy and direct contradictioun of 
that which is suggested by the parties, wee haueing the truth certified by yow 
to vs, maie proceede thereafter as justice and equity shall require. And in 
the meanetyme that surety be taken of all parties for the peace of the 
countrey, and that they be bound to answeir according as our lawes in like 
cases require. S. W. Alexander. 

The Earle of Monteith his Instructions. 

19. King Charles I. to the Earl of Menteith and Others. — 28th July 1629. 

Charles E. 
Eight trustie and welbeloued cousin and counsellour, right reverend father in 
God, right trustie and welbeloued counsellour, and trustie and welbeloued 
counsellours, Wee greete yow well. Whereas these inclosed overtures, touch- 
ing the decree which wee intend to pronounce vpon the generall submission 
made by the heretors and others interested in tithes, haue been propounded 
vnto vs in behalfe of the tithbuyers, which seem to be reasonable ; and being 
willing to proceed therm by due advyce, before any course should be resolued 
vpon by vs touching the same, Our pleasure is, that yow peruse and consider 
thereof, and thereafter that yow report vnto vs your opinions concerning the 
same, and how farre wee may therin proceed in iustice and equitie for our 



1629.] KING CHARLES I. 19 

benefite and the generall good of all our subjects interested therein, and in the 
meanetime that yow resolue vpone some convenient course for preventing the 
leading of tithes this year, and all inconvenients that may arise thereby, which 
seriously recommending vnto your care wee bid yow farewell. From our 
Court at Theobaldes, the tuentie eight of July 1629. 

To our right trustie and welbeloued cousin and counsellour, to the reverend 
father in God and our right trustie and welbeloued counsellour, and to 
our trustie and welbeloued counsellours, the Earle of Monteith, President 
of our Privie Counsel!, Patrik Bishop of Eosse, Sir Archibald Atchesone, 
our Secretarie, and Sir Thomas Hope, our Advocatt, in our Kingdome 
of Scotland. 

20. King Chakles I. to Geoege Viscount Dupplin and Others. 
20th September 1629. 

Charles E. 
Eight trustie and welbeloved cousins and counsellors, right reverend father 
in God, and trustie and welbeloved counsellors, Wee greete yow well. 
Whereas being to establish the current courts, wee were pleased to purchase 
from the Lord of Lome the heretable office of Justiciarie, which his prede- 
cessors, for good service done, had of a long tyrne discharged, giving him 
satisfaction for the samine, notwithstanding of any former title that wee could 
have pretended therevnto, and graunting stdl vnto him the heretable office of 
Justiciarie of the North and West lies, bot being now of late humblie entreated 
by the Earle of Seafort, for himself and in the name of some others, to be free 
from the inconveniences and trouble whiche they alledge it may breede vnto 
them, wee are desyrous to purchase that part lykwyse from him, and having 
made choyce of yow for that purpose, Our pleasure is, that yow call for the 



20 ROYAL LETTERS. [1629. 



said Lord of Lome, and that yow vse your best meanes to treat, transact and 
agree with him, for the Justiciarie of the said bounds, and that yow either 
absolutly agree with him, or certifie vnto vs what the difference is, or what 
your opinion is touching the same ; and our pleasure lykwyse is, that yow 
deale with the said Earle of Seafort, to see what meanes he or those for whom 
he doeth deale will contribute for the buying thereof, and for so doing these 
presents shall be your warrant. Given at our Court at Theobalds, the 20 of 
September 1629. 

To our right trustie and right welbeloved cousins and counsellours, to our 
reverend father in God, and our right trustie and welbeloved coun- 
sellours the Viscount of Dupline, our Chancelor of Scotland, the Earle 
of Monteith, our President of our Privie Counsel! there, the Bishope of 
Rosse, and Sir Thomas Hope, Knight and Barronet, our Advocate of 
that our Kingdome. 

21. King Chakles I. to William seventh Eael of Menteith. 
29th September 1629. 

Charles B. 
Eight trustie and right welbeloved cousin and counsellour, Wee greete yow 
well. Being informed that diverse our subjects feare the shortnes or gene- 
ralitie of sodaine citationes before our Circuite Courts, Our pleasure is, that 
yow give order to our Judges thereof, and others whom it concerneth, that 
parties to be indyted before them have copies of their dittayes according to 
the time Limited by a late ordinance of our Privie Counsell made to that 
purpose. And whereas they referred vnto yow the last yeare the nomination 
of all penall statutes fitt to be put in execution, though wee are loath that 
yow cause proceede therein but in a moderat mainer ; yet least impunitie 



1629.] KING CHARLES I. 21 

might embolden transgressors not to live in due obedience of our laues, Our 
pleasure lykwyse is, that as occasion shall requyre yow give order vnto our 
said Judges, and that otherwyse of yourself yow cause execute such of those 
statutes as yow shall think most agreeable to our said princelie pleasure and 
the laues of that our Kingdome, wherein, willing yow to signifie our royall 
intention vnto our Privie Counsell and our said Judges, and not doubting bot 
that yow will cause proceede with such moderation as our subjects may not 
have just cause to feare vndeserved censure, nor yet to hope for impunity 
where they doe justlie deserve punishment. Wee bidde yow farewell. From 
our honour of Hampton- Court, the 29 of September 1629. 

To our right trustie and right welbeloved cousin and counsellour the Earle 
of Monteith, Lord President of our Privie Counsell of our Kingdome of 
Scotland. 



22. The Same to the Same.— 29th September 1629. 

Charles E. 
Eight trustie and right welbeloved cousin and counsellour, Wee greete yow 
well. Whereas yow are willing to surrender vp vnto vs your right of all those 
lands that are of our propertie lying within the Earledome of Stratherne, wee 
have written to our Advocate to draw vp a surrender of all of them that are 
contained within your evidenttes, to be signed be yow, leaving yow to prose- 
cute your right against all others for all other lands whervnto yow can justly 
claime, and as yow have freelie submitted yourself vnto vs, to be disposed of 
as wee please, in all those lands that are of our propertie, so wee intend after 
due consideration to give yow a reasonable satisfaction for the same, and have 
willed our Advocate to assist yow in all your other actions, so farre as he can 
laufullie doe. So being to acknouledge this amongst the rest of your good 



22 



ROYAL LETTERS. 



[1629, 



services done vnto vs, wee bidde yow hartilie farewell. From our honour of 
Hamptone Court, the 29 of September 1629. 

To our right trustie and right welbeloved cousin and counsellour the Earle of 
Monteith, Lord President of our Privie Counsell of the Kingdome of Scotland. 



23. King Charles I. to William seventh Earl of Menteith. 
17th October 1629. 

Charles E. 
Eight trustie and welbeloued cousin and counsellour, Wee greete yow well. 
Whereas our trustie and welbeloued counsellour, Sir William Alexander, our 
Secretaire, hath aggreed with some of the heads of the cheefe clannes of the 
Highlands of that our Kingdome, and with some other persones, for transport- 
ing themselffes and followers to setle in New- Scotland : As wee doe verrie much 
approve of that course for advanceing the said plantatioun, and for disburden- 
ing that our Kingdome of that race of people, which in former times had bred 
so many troubles there, so, since that purpose may verrie much import the 
publict good and quyet thereof, wee are most willing that yow assist the same 
by all faire and laufull wayes : And because (as wee are informed,) diuerse are 
willing to contribute for their dispatch by their meanes, wee requyre yow to 
take the best and most faire course heirin that possiblie yow can, that a volun- 
tarie contributioun may be made for that purpose, in such maner as yow shall 
think most fitt, which wee will authorise as shal be by yow thought requisite ; 
and that yow substitute any persones whom yow shall think expedient for the 
managing and collectione thairof. So wee bid you fairewell. Prom our 
honor of Hampton Court, the 17 of October 1629. 

To our rioht trustie and right welbeloued cousin and counsellour the Earle 
of Monteith, President of our Privy Counsell of Scotland. 



1629.] KING CHARLES I. 23 



24. The Same to the Same.— 3d November 1629. 

Charles R 
Eight trusty and right welbeloued cousin and counsellour, Wee greet yow well. 
Hauing been petitioned at diuerse times touching those differences betweene 
the widow of Carron and Eallindalloch, wee wold giue eare to neither pairtie 
further then to remitt them to the ordinarie course of justice. But being 
informed of late that those differences are not as yet setled, wee are hereby 
gratiouslie pleased that yow informe yourself of the true estate thereof, and, 
after due tryall, that yow tak such a course for setling of the same as wee were 
pleased to prescribe vnto our Counsell touching that purpose, and as yow shall 
think most fitt for the good and quiet of those parts, that wee be no more 
troubled with further complaintes ; which recommending vnto your care wee bid 
yow farewell. From our Court at Whitehall, the thrid day of Nouember 1629. 

To our right trustie and rieht welbeloued cousin and counsellour the Earle of 
Monteith, Fresident of our Eriuie Counsell of Scotland, and our Justice 
Generall of that our Kingdome. 

25. The Same to the Same.— 6th November 1629. 

Charles E. 
Eight trusty and right welbeloued cousin and counsellour, Wee greete yow 
well. Whereas wee are informed that our late royall father did purchase the 
lands of Marple and Trappon, and did appropriate them to the vse of onr 
Chappell Eoyall, the tithes of which landes being as yet in the possessione of the 
Laird of Smeeton, being willing, for the better and more speedie helping of 
those persons who serue in that Chappell, that some present course be taken 
for their mantenance and ease of the tennents of those landes, Our pleasure 



2i ROYAL LETTERS. [1629. 

is, that, by the aduise of the Deane of the Chappell and our Aduocat, yow vse 
your best and most ready endeauouris for dealing with the said Laird for buy- 
ing those tithes from him ; but if yow find iust cause for reducing thereof to the 
vse aforsaid, that yow proceed therein as yow shall think most fitt ; and vpon 
your certifieing of vs what shalbe thought expedient to be done vpon our part, 
wee will accordinglie giue order for doing thereof, willing in the meane time 
that yow in our name require our Chanceler and Keepers of our Seales not 
to passe any new grante of those landes or tithes in fauouris of any person till 
our further pleasure be knowen therein ; willing yow likewise to signifie vnto 
the said Deane that when any competent benefice shalbe thought fitt by the 
Commissioners for tithes to be appropriated to the patrimonie of his see, wee 
will accordinglie giue way therevnto. So wee bid yow farewell. From our 
Court at Whitehall, the 6 of Nouember 1629. 

To our right trustie and right welbeloued cousin and counsellour the Earle of 
Monteith, President of our Priuie Counsel! of our Kingdome of Scotland. 



26. King Charles I. to Sir John Hamilton of Saint Magdalens, Lord Clerk - 
Eegister. — 9th November 1629. 

Charles E. 
Trustie and welbeloued counsellour, Wee greete yow well. Whereas our 
right trustie and right welbeloued counsellour, the Earle of Monteith, Presi- 
dent of our Priuie Counsell, is, for some important considerations knowen 
vnto vs, to searcb for some wreats amongst our euidents and rolles, whereof 
yow haue the charge, Our pleasure is, that yow to that purpose mak patent 
vnto him what records, euidents, or wreitts whatsoeuer yow haue in your cus- 
todie and charge within our Castle of Edenbrugh or elsewhere, and that yow 
giue vnto him such thereof as shalbe found by our Aduocate to concerne the 



1629.] KING CHARLES I. 



purpose for which wee haue granted him this licence, togidder with any ex- 
tracts that they to this effect shall require ; and for your so doing these pre- 
sents shal be your warrant. From our Court at Whitehall, the 9 of Nouember 
1629. 

To our trustie and welbeloued counsellour, Sir John Hamilton of Magdalens, 
Knight, our Clerk of Eegister in our Kingdome of Scotland. 

27. King Charles I. to William seventh Earl of Menteith. 

26th November 1629. 
Charles E. 
Eight trustie and right welbeloued cousin and counsellour, Wee greete yow 
well. Whereas wee haue been dealt with for diuerse persones of that our 
Kingdome that they might .be aduanced to titles of honor, some by a new 
creation, and others by being raised to a more high dignitie then they pre- 
sentlie enjoy : Seing these preferments are the cheef marks of a prince's 
fauour, whereby both the present age and the posteritie tak notice of his 
iudgement and of the subjects' meritt as they find them to be conferred, wee 
will no way proceed in that kind but vpon due consideracioun, and therfor it 
is our pleasure that yow, as one whom wee speciallie trust, informe yourself, 
and aduertise vs of the qualitie and seruices done, or to be done, vnto vs by 
anie who desire that fauour, and that yow haue a care to acquaint vs who of 
them haue any heretable office, sherrifship, baillerie, stuartrie, or regalitie, that 
they first agree for the same ; for wee will not aduance them with whom wee 
are to plead for recouering our right to establish that which wee intend for 
the good of that our Kingdom. But where none of them haue any such thing 
to demitt vnto vs, that there may be some publict seruice done for their pre- 
ferrment, it is our further pleasure that yow agree with them for some reason- 
able nomber of persones to be furnished out vpon there charges towards the 

D 



26 



ROYAL LETTERS. 



[1629. 



plantacion of New-Scotland, at the sight of our trustie and welbeloued coun- 
sellour, Sir William Alexander, our lieutenent of that bounds, whereby he 
may be supplied in that greate work, and that our Aduocat hauing considered 
these thinges recommended vnto yow, draw vp and docat the patents of such 
as yow agree with, and send them vnto vs, that wee thereafter may proceed as 
wee think fitt. So recommending this vnto your care, wee bid yow farewell. 
From our Court at Whitehall, the 26 of November 1629. 

To our right trustie and right welheloved cousin and counsellour, the Earle of 
Monteith, President of our Privie Counsell of our Kingdome of Scotland. 



28. King Charles I. to John Earl of Mar, Lord Treasurer. 
30th November 1629. 

Charles E. 
Whereas our right trustie and right welbeloued cousin and counsellour the 
Earle of Monteith, President of our Priuie Counsell, and our Justice Generall 
of that our Kingdome, hath furnished roabes for the Judges of our Circuite 
Courts, and hath sent out his deputies in that our seruice vpon his own 
charge : Our pleasure is, and wee do hereby will and require yow, that out of 
the first and readiest moneyes arrising due vnto vs by any fines of those 
Courts, yow pay vnto him or his assignes the sowme of fyue hundred pounds 
sterling, and that how soone the same can be levyed. And for your doing so 
these presents shal be vnto yow a sufficient warrant and discharge. Giuen at 
Whitehall, the thirtty day of November 1629. 

To oure right trusty and right welbeloued cousin and counsellour the Earle of 
Marr, oure High Treasurer of oure Kingdome of Scotland. 

[Iudorsed as allowed on 23d January 1630.] 



1630.] KING CHARLES I. 27 

29. King Charles I. to William seventh Earl of Menteith. 
30th December 1629. 
Charles E. 
Eight trustie and right welbeloued cousin and counsellour, Wee greete you 
well. Whereas our trustie and welbeloued servant, Sir Eichard Grabarne, 
Knight, hath, by a comission from ws, apprehended and putt in ward some 
theeves and rebells of the borders, and being willing that justice should be exe- 
cuted against them ; Our pleasure is, that the tenth day of Marche nixt to come 
you hould ane Justice Court at Jedbrough for that effect, and that you call 
vnto you for your assistants the said Sir Eichard, who was ane actor in the 
said service, and any other who may most convenientlie be had, and who is 
alreadie in our comission for the borders. And if no evident prooffe can be 
had against them, that, so farr as law will permitt, you admitt of probable 
and apparent circumstances and presumptions for their condigne punishment. 
Soe we bid you fairewell. From our Court att Whythall, the 30 of Decem- 
ber 1629. 

To our right trustie and right welbeloued cousin and counsellour the Earle of 
Monteith, President of our Privy Counsell and Justice Generall of that 
our Kingdome of Scotland. 



30. The Same to the Same.— 9th February 1630. 

Charles E. 
Eight trustie and right welbeloued cousin and counsellour, Wee greete you 
well. Whereas our trustie and welbeloued the Viscount of Drumlanerick his 
sone haveing, by a commission from vs, apprehended in the borders those 
three theues, fugitives, and rebells, William Weigin in Whisgills, and James 



28 



ROYAL LETTERS. 



[1630. 



Weigin, his sone, and Johne Armestronge, alias Tweden, was most contempti- 
ouslie opposed in the execution of the sayd comission by a nomber of lewd 
persons, named in the roll here inclosed, who did resceu in a most insolent 
maner, and asisted the sayd rebells for their better evading, without respect 
to our said commission, and seditiouslie convocated others for that purpose to 
out heigh contempt, authoritie, and lawes, the like wherof was never co- 
mitted in our late deare father's nor our time : For the better preventing the 
like vntollerable and dangerous courses hereafter, wee are hereby pleased to 
requyre you that you call before you all those that are named in the said 
roll, and others who shal be delaited by the sayd Viscount his sone to have 
opposed our comission, and, after tryall of there outragious misdemanor, that 
you take such a speedie course for their condigne punishment that others may 
by there exemple be terrified from all such detestable insurrections and con- 
vocations, and lykwise that you give order for apprehending the sayd rebells, 
and being taken, that you cause comit them to some of our saife wards, there 
to be keept till such punishment be inflicted on them as is agreable with our 
lawes provyded in the like cases. Soe wee bid you fairewell. From our 
Court att Whythall, the nynte day of Febraarii 1630. 

To our right trustie and right welbeloued cousin and counsellour the Earle of 
Monteith, Justice Generall of that our Ivingdome of Scotland. 



31. Boll of Names referred to in the preceding Lettek. 



Johne Scotte of Sintoun. 
Eobert Eliot in Dinlebyre. 
Gilbert Eliot his sonne. 
Willie Eliot, called Eobein's Willie. 
Francie Baetie in 



Willie Hendersone in the Syde. 
Hobbie Hendersone thair. 
Symnee Henderson thair. 
Willie Foster, called Willie of the 
Nuke. 



1630.] 



KINO CHARLES I. 



29 



Jokie Baetie, his sonne. 
Lancie Airmstrang of Whythauch. 
Lancie Airmstrang his sonne. 
Francie Airmstrang his brother. 
Willie Eliot, called Blakheid. 
Hob Eliot of Thorleshoip. 
Robert Scott of Satchellis. 
James Scott of Quhitislaid Cops- 

howhotree. 
Willie of the Mylne. 
Hobie of the Mylne his brother. 
Andro Patersone of Sorbietrees. 
Christie Patersone in Manigertoun. 
Christie Thomsoun in Abetshawis. 
Arthour Hay in the Reidheughe. 



Robbie Foster of Gremay. 
Robbie Armstrong thair. 
Hobbie Rakas in Reylie. 
Willie Whyeathauche in Etteltoun 

Syde. 
Willie Rakas in Over Numbehirst. 

Rakas his sonne. 
Willie Airmstrani!;, called of Kin- 

month. 
Sandie Armestrang in Torbune. 
Thomas Armstrong, called Tbomas 

of Sheillis. 
Andro Whigholme in Quhisgillis. 
Francie Robisoun in the Flatt. 



32. King Chaeles I. to William Eael of Steathern. — 29th March 1630. 

Chaeles R. 
Right trustie and right welbeloued cousin and counsellour, Wee greete yow 
well. Being informed that there be diverse fynes of the Circuite Courts 
raised of late from persones fyned within the bounds of the barronie and 
regalitie of Glasgow, belonging to our right trustie and right welbeloued 
cousin the Duike of Lenox, which being now sequestred vntill such tyme 
as it be decyded before the Comissioners of our Exchequer, whither the 
samen doe appertaine to vs, or to our said cousin, in whose estate being wn- 
willing that any thing be changed during his absence ; Our pleasure is, and 



30 ROYAL LETTERS. [1630- 

hereby doe requyre yow to have a care to see that the fynes aforesaid be 
delyvered vnto our said cousin, his commissioners or agents, and that in all 
things concerning him yow give your best assistance, as you can laufullie 
doe, which wee will take as speciall good service done vnto vs. Wee bid you 
fairewell. From our Court at Whythall, the 29 of March 1630. 

To our right trustie and right welbeloued cousin and counsellour the Earl 
of Stratherne, President of our Privie Counsell of our Kingdome of 
Scotland. 



33. King Chakles I. to William seventh Eael of Menteith. 
13th April 1630. 
Charles Pi. 

Eight trustie and right welbeloued cousin and counsellour, Wee greete yow 
well. Whereas wee were pleased of late to give yow some instructiones 
touching such things as were fitt for the good of our service within that our 
Kingdome, and being willing to conferre with yow concerning such of them 
as you have alreadie proponed and sett a foote there ; and of those that are 
intended to be prosecuted ; Oiir pleasure is, that immediatlie after you have 
holden the Justice Courts in Drumfreis, yow repair vnto our Court, where 
our further pleasure shal be impairted vnto yow concerning the same. Soe 
wee bid yow fairewell. From our Court att Whythall, the thretteene day of 
Apryle 1630. 

To our right trustie and right welbeloued cousin and counsellour the Earle of 
Monteith, President of our Privie Counsell and Justice Generall of that 
our Kingdome of Scotland. 




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1630.] 



KING CHARLES I. 



31 



34. The Same to the Same.— 25th May 1630. 

Charles E. 
Eight trusty and right welbeloued cousin and counsellour, Wee greete yow 
well. Hauing wreitten to our Deputie Treasurer to heare from yow our 
directiones and aduise concerning him, and being willing that yow condiscend 
with him vpon the best maner and conditiones as yow shall think most fitt 
for the present estate of our affaires and for the good of our seruice for his 
surrendring vnto vs of his charge of Deputie Treasurer : Our pleasure is, that 
yow seriouslie deale with him to that effect, and as yow shall proceed or con- 
clude with him to aduertise vs, that accordinglie wee may resolue what course 
to take therein ; which speciallie recommending vnto your care, wee bid yow 
farewell. From our Court at Whytehall, the 25 of May 1630. 
To our right trustie and right welbeloved cousin and counsellour the Earle of 

Monteith, President of our Privie Counsell of Scotland, and Lord Cheife 

Justice theire. 



35. The Same to the Same. — 2d June 1630. [Holograph.] 



Instructions for the Eakle of Muntethe. 

Charles E. 

You must command the Chancelor in my name, that no motion bee made 
in the Conuention but vnder the hand of the Clarke Eegister, and you 
must command the Clarke Eegister that he present none but eather 
those he shall receaue warranted vnder my hand, or by your aduyce. 

My pleasure is that what shall be gotten at this tyme by taxsation be dis- 
posed for the bringin in of the few dewties and superioreties. 



32 ROYAL LETTERS. [1630. 

3. That the Conuention may establish^ the submission by decreete, together 

with the annuitie and superioreties, and that those things that ar dis- 
putable in the decreete may be ratified by Acte of Conuention. 

4. That ye take order for the mainetaining of my houses out of the proper 

rents belongin to them. 

5. That ye take order that the caswalties of the Crowne pay at least three 

tymes the worthe of the Seales. 

St. James, the 2 : day of June 1630. 



36. King Charles I. to William seventh Earl of Menteith. 
18th June 1630. [Holograph] 

Monteithe, — My pleasure is that ye calle vpon all my seruants to show 
themselfes reallie to bee soe at this Conuention. This is not that I eather 
misdoute the justness of what at this tyme shall be propounded to the Con 
uention in my name, or thaire reddiness in furthering my sendees ; but by 
accpianting them of my intentions, to incurage ther indeuors the more, and in 
particular, there is the Chancelor, Mar, and Hadington, that of my owen 
knowledge (not to doe wronge to the reste) I expect the most seruice of ; 
which for their better incouragment ye may lett them know when ye do 
communicate with them my intentions concerning the Conuention. 



St. James, the 18 : of June 1630. 
For Monteithe. 








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1630.] KING CHARLES I. 33 



37. The Same to the Same.— 18th June 1630. [Holograph.] 

Monteithe, — Although those businesses which shall at this tynte bee pro- 
pound in the Conuention bee so just, as I haue littell cause to suspect oposi- 
tiou, yet it is meete that at this, and all other occasions, those that ar my 
seruants show themselfes reallie so to bee in furthering my affaires ; therfore 
my pleasure is, that ye call upon all my seruants to show themselfes to bee 
soe at this Conuention, and in particular the Archebisheope of St. Androws, 
whom I particulate name to you in this paper, because he may know I re- 
member him as one of my cheefe and able willing seruants in whatsoeuer I 
haue to doe ; and in respect of his caling, and that he is the cheefe of it in 
that my ancient natife Kingdom, I put him heere alone. 

St. James, the 18 of June 1630. 

C. K. 
For Monteithe. 

38. The Same to the Same.— 12th August 1630. 

Charles K. 
Eight trustie and right welbeloued cousin and counsellour, Wee greete yow 
well. Wee haue agane wreitten to the Lord Napeir that wee haue giuen full 
power vnto yow to deale with him for surrendring vnto vs Ms office of Deputie 
Treasurer, and that wee will exspect that he will the more willinglie condi- 
scend therein with you in regard wee haue dealt with him after so faire a 
maner : Therfor our pleasure is, that yow agane deale with him to that pur- 
pose, and if he will not yeeld to any faire and reasonable proposition made 
by you therein, wee require you to cause put him to a tryall touching anie 
thing that can justlie be objected against him in the execution of that office, 

E 



34 ROYAL LETTERS. [1630. 

which course wee will further authorise (if need he,) after what mauer shal he 
found most requisite. Wee bid yow farewell. From our Court at Tichburne, 
12 August 1630. 

To our right trustie and welbeloued cousin and counsellour the Earle of Mon- 
teith, President of our Priuie Counsell of Scotland, and our Justice 
Generall of that our Kingdome. 



39. King Charles I. to William seventh Earl of Menteith. 

12th October 1630. 
Chables K. 
Insteuctiones from the King's Majestie to the Pdght Honorable the 
Eaele of Monteith, Lord President of his Majestie's Priuie Counsell 
of Scotland. 

It is his Majestie's pleasure that the said Earle giue order to his Majestie's 
Aduocate carefullie to aduert to his Majestie's interruption of the prescription, 
and that he vse his best means that nothing be omitted that may saue his 
Majestie's actiones from prescription. 

That the said Earle seek and require an accompt of such lettres and 
directiones as his Majestie hath formerlie giuen concerning the rectineing of 
the abuse of Coyne. 

That the said Earle giue order to his Majestie's Aduocate to try the right 
of Sir Mongo Morray to the landes of Hunting-tour, and to report the estate 
thereof to his Majestie. 

That the said Earle desert out of his Court of Justice Generall any dyett 
concerning Wdliam Gordon of Mooresade, and one who was a seruant of his, 
because his Majestie hath required his Counsell to vse their best meanes to 
compose those differences in a frcndlie maner. 



1630.] KING CHARLES I. 



That the said Earle conferre and aduise with his Majestie's Chanoeler and 
Treasurer concerning the fishing busienesse, and that they joyne togidder in 
that and in euerie thing that may conceme the aduancement of his Majestie's 
seruice. 

That the said Earle conferre and aduise with the Lord Chanceler, the 
Archbishop of St. Androis, Treasurer, Prime Seale, and his Majestie's Aduocat, 
or any three of them, whither it be fitt for the good of his Majestie's seruice 
to mak vse of the Commission signed for the Exchequer wherein the officeis 
are onely joyned with the Treasurer and Deputie-Treasurers, or if the said 
officers or some of them shall onely be put upon the qiioruni or otherwise 
what Commission they shall think best to be vsed therein, that one may 
be drawen vp accordiuglie for his Majestie's hand. Giuen at his Majestie's 
honour of Hampton-Court, the 12 of October 1630. 




'fflCmcr 



40. The Same to the Same.— 11th October 1630. 

Charles E. 
Eight trustie and welbeloued cousin and counsellour, Wee greete yow well. 
Hauing occasion at this time to conferre with yow touching some thinges 
concerning our seruice, wee require yow with all diligence to repair vnto 
our Court, where our further pleasure shal be made knowen vnto yow. Wee 
bid yow farewell. From our honour of Hampton Court, the 1 1 of October 1630. 

To our right trustie and right welbeloued cousin and counsellour the Earle 
of Monteithe, President of our Privy Counsell within our Kingdome of 
Scotland. 



36 ROYAL LETTERS. [1631. 



41. Louis XIIL, King of France, to the Count de Montide, [Eael of 
Menteith,] thanking him for the protection he had given to the 
Catholics in Scotland. — 21st December 1630. 

Monsieur le Comte de Montide, j'ay sceu par le Marquis de Fontenay, mon 

ambassadeur en Angleterre, de quelle sorte vous auez receu les offices et 

recommandations qu'il vous a faictes en mon nom en faueur des Catholicques 

d'Escosse, et les preuues que vous auez commence de leur rendre de votre 

protection sur les occasions qui se sont passees dont je ne puis assez louer. 

Vous priant de continuer en cette bonne intention, de laquelle outre la recom- 

pence qui vous est reseruee je vous tesmoigneray mon ressentiment par les 

preuues de ma bienueillance en tout ce qui s'offrira pour votre contentement 

ainsy que ledit Marquis de Fontenay vous fera scauoir plus particulieremeut 

de ma part ; auquel me remettant je prie Dieu, Monsieur le Comte de Montide, 

vous auoir en sa saincte garde. Escrit a Paris le xxi e Decenibre 1630. 

Louis. 

Bouthilliee. 
A Mons r le Comte de Montide. 



42. King Charles I. to William Earl of Morton. — 27th February 1631. 

Charles E. 

In reguaird wee haue been pleased to requyre our right trustie and right 
welbeloued cousin and counsellour the Viscount of Duplin, our Chancellour, 
to delyver vnto you the moneyes of any taxations togidder with the conceal- 
ments thereof, of which he is Collector generall, for discharging of some 
special! warrants concerning which wee did expresse our pleasure vnto you ; 





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1631.] 



KING CHARLES I. 



wee are hereby pleased to requyre you that out of the first and readiest of the 
last taxations granted in the moneth of August 1630, you pay vnto our right 
trustie and right welbeloued cousin and counsellour the Earle of Monteith, 
President of our Privie Counsell, the sourne of eight thousand pounds sterling, 
togidder with the ordinarie interest, as his warrants doe beare, and that you 
accept of this our warrant and testifie wnder your hand to the said Earle your 
acceptation thereof : and thereafter that you see vs discharged of that debt so 
owing by vs vnto him. And for your soe doeing these presents shal be your 
sufficient warrant and discharge. Giuen at his Majestie's Court at Whitehall, 
the 27 ofFebruar 1631. 

To our right trustie and right welbeloued cousin and counsellour the Earle of 
Morton, Treasurer of our Kingdome of Scotland. 



43. King Charles I. to William seventh Earl of Meoteith. — 31st July 
1631. [Holograph except the address.] 

Monteith, — I haue giuen you dyuers instructions wherof I expect a particular 
account of, and to which I must add this one word, that is, ye must deale 
about the reseruations for the fishing business to keepe out those places from 
being reserued that I haue tould you of, becaus I foresee that otherwais that 
great business wherof I haue had so great a care of will runn a hazard ; so 
God speed your indeauors. 

C. E. 
Otlands, the 31 of July 1631. 

To our right trustie and right welbeloued cousin and counsellour the Earle 
of Monteith, President of our Privie Counsell of our Kingdome of 
Scotland. 



38 ROYAL LETTERS. [1631. 



44. King Chaeles I. to William seventh Eakl of Menteith. 
31st July 1631. 

Charles E. 

Peiuate Insteuctiones from his Majestie to the Earle of Monteith, 
now Erll of Stratherne. 1 

To deale with the clergie for setting of their greeuances in the mater of 
valuation of tithes, and to answer to euerie point of the lettre wreitten hy the 
Archbishop of St Androis vnto his Majestie. 

To haue a care that the bussinesse of the fishing may be well and timely 
concluded, and the commission returned before the midle of September 
ensueing. 

To aduert to the busienesse of the salt and coll. 

To deale with the brugh of Edenbrough that they may buy so much of 
that bargaine which his Majestie hath agreed for with the Earle of Eoxbrugh, 
or is fitting for them to haue. 

That the said Earle returne vnto our Court with the rest of the commis- 
sioners before the tenth of September ensueing. Giuen at his Majestie's 
Court at Oatelandes, the last day of July 1631. 



45. King Chaeles I. to William Eael of Steatheen and Menteith. 

15th September 1631. 

Chaeles B. 

Eight trusty and right welbeloued cousin and counsellour, Wee greete yow 

well. Hauing at your last departure from our Court granted vnto yow no 

longer time of stay there, then the fifteene of this month, but knowing that it 

1 This addition is in another Land. 



1631.] KING CHARLES I. 39 

is requisite for the good of our seruice that yow be present at that meeting of 
our Counsell which is appointed to be shortlie at our brugh of Perth : Our 
pleasure is, that yow be present thereat, and imniediatlie thereafter yow repair 
to our Court. Wee bid yow heartilie farewell. From our Court at Theo- 
baldes, the 15 of September 1631. 

To our right trusty and right welbeloued cousin and counsellour the Earle of 
Stratherne and Monteith, Lord President of our Priuie Counsell of our 
Kingdome of Scotland. 

46. King Charles I. to William Earl of Morton, Treasurer, and the Lord 
Traquair, Treasurer-Depute. — 30th November 1631. 

Charles E. 
Forsamekle as wee ar informed that their is some pairt of our preceptis of 
aucht thowsand pund sterling grantit be ws to our trustie couseing and coun- 
sellour the Erie of Stratherne, President of our Counsell, to be payed out of 
the lait taxatioun grantit in the monethe of August i™ vi° and threttie, as yeit 
restand auchtand vnpayet to the said Erie : Theirfoir it is our speciale plea- 
sour that yow cause him to be payed of the said rest, furtive of the first and 
readiest of our said laite taxatioun, or of any vther of our rentis or casuabties 
exprest in his preceptis : for the cpihilk thir presentis shall be to yow ane 
sufficient warrand, and that notwithstanding of quhatsumever former com- 
mand, warrand, or directioun gevin be ws to yow anent the moneyes of the 
said taxatioun. Gevin at Whythall, the last of November 1631. 

To our rycht trustie couseingis and counsellouris the Erie of Mortoun, 
our Thesaurer Principall, and the Lord Traquaire, our Thesaurer 
Depute. 



40 ROYAL LETTERS. [1632. 



47. King Charles I. to Viscount Dupplin, Chancellor, and others, Com- 
missioners of Exchequer in Scotland. — 13th January 1632. 

Charles E. 
Eight trustie and right welheloued cousin and counsellour, right trustie and 
welbeloued cousins and counsellours, and right trusty and welbeloued 
counsellours, Wee greete yow well. 

Hauing signed a grant of fifteen thousand poundes sterlin money to our 
right trustie and right welbeloued cousin and counsellour the Earle of 
Stratherne, Lord President of our Priuie Counsell of that our Kingdome, in 
consideracion of the good and faithfull seruices done vnto vs for the good 
thereof, of which wee haue been pleased to tak speciall notice ; Our pleasure 
is, that with diligence yow exped the said grant according to the tenor there- 
of, and that yow mak Actes of Exchequer therevpon ; and for your so doing 
these presents shal be vnto yow a sufficient warrant. So wee bide you faire- 
well. Erorn our Court att "Whythall, the thretteen day of Januar 1632. 

To our right trustie and right welbeloued cousin and counsellour, to our right 
trustie and right welbeloued cousins and counsellours, to our right 
trustie and welbeloued counsellours, and to our trustie and welbeloued 
counsellours, the Viscount of Duplin, Chancellour of our Kingdome of 
Scotland, the Earle of Morton, our Thesaurer, and to the remanent 
Earles, Lords, and others Commissioners of our Exchequer within our 
said Kingdome. 



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1632.1 KING CHARLES I. 41 



48. King Chakles I. to William Eael of Steathebn. 
14th March 1632. 
Chaeles B. 

Eight trustie and welbeloued cousin and counsellour, Wee greete yow weell. 
Though wee excuse your suddaine goeing away in regaird of the occasion that 
moved yow therunto, yett haueing brought the busines concerning the fishing 
neare vnto ane end, wee desire befor it be concluded fully to haue yow pre- 
sent, that wee may conferre with yow thereupon, as lykewayes vpon other 
affaires concerning our service, and therefor exspecting yow hear so soone as 
yow can convenientlie, Wee bid yow fairewell. From our Court att New- 
markett, the fourteene day of Marche 1632. 

To our right trustie and right welbeloued cousin and counsellour the Earle 
of Stratheren, President of our Privie Counsell of our Kingdome of 
Scotland. 



49. The Same to the Same.— 17th July 1632. [Holograph.] 

Steetheaese, Because I see by what ye haue towld me that Oghltrie is not 

lyke to receaue suche a sentence as his falte deserues, therfore I command 

yow (for this and manie other reasons,) not to bring [him] to his tryall, but 

command him that he com not within 50 myles of my Court, upon paine of 

my hauiest displesure ; for all which this is your warrent. At Oatlands, the 

17 day of July 1632. 

Chaeles B. 

For Stretherne. 



42 ROYAL LETTERS. [1632. 



50. King Charles I. to the Commissioners of Teinds. 
15th August 1632. [Copy.] 

COMMISSIOUN FOE SUERANDERIS. 

Eight, &c, Wee haue heard of the good progresse made be yow iu the 
matters of tythes and valuationis, theirof approving both of the ordour taken 
by yow for drawing of the same before yourselfs, if the heretors and titularis 
doe not their diligence at the tymes appointed be yow, and of your cair taken 
for rectefieing of the reports at the instance of our Advocat, quhair the tythes 
are undervalued, to the prejudice of the Churche's maintenance, and of ws in 
our annuitie ; and being informed of the course lykewayes taken by yow for 
geveing to all heretoris indefferentlie the leading of their awin tythes upon 
suirtie for payment of the tythes valued to the titulars, they haveing submitted 
or not (it being ane course which in all equitie ought to be universall,) wee 
giue yow hartie thankis for your cair and diligence thairin, and doe will yow 
to proceid in that worke according to these rules alreadie begunn, till it be 
finished, and where the tythes be undervalued, whereby the Church and wee 
may suffer most : Our pleasure is (though both titular and heritour be silent,) 
that yow haue a speciall cair to rectefie these valuationis, and that the persuit 
goe on in our Advocat's name, least there might be collusion between them 
to our prejudice, which recommending to your cair wee bid yow fairweell. 
The 15 of August 1C32. 

Dorso — Copie of his Maiestie's letter to the Commissioneris of Teindis anent 
the Valuatiouns, etc. 




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1632.] KING CHARLES I. 43 



51. King Charles I. to William Earl of Strathern.— 15th August 1632. 

[Holograph.] 

Stretherne, — Becaus that (by the grace of God) I mynd to repaire to Scotland 
this next yeare, it [is] necessair, amongst other things, that the toune of Eden- 
borough haue a well chosen Prouost, therfor I command you that ye prohibit 
them in my name to chuse anie unconforme man to that place, as lykwais 
to recommend to them one of those that I haue mentioned to you, expecting 
that they will haue a respect to my recommendation, though I leaue them to 
there free choise. So farwell. The 15th of August, at Bewlie, 1632. 

Charles E. 
To Stretherne. 

52. The Same to the Same.— Bagshott, the 30th of August 1632. 

[Holograph.] 

Stretherne, — I confess I thought that I should not haue beene trubled with 

thease two businesses anie more, for I understude that ye undertooke them 

bothe, and that there needed not a warrand for the first of them under my 

hande. As for Carrik, he cannot beliue that ye will forge a message from me 

to him ; howsoeuer, it were an odde thing for me by a warrand to prohibit a 

man to buy land for his monie, though I confess it to bee verie fitt for a 

message in this particular : concerning Ochiltrie, if I be not deceaued, ye haue 

alreadie under my hand a direction what to doe with him, therfor I need say 

no more of him ; and for the first, if there neede anie warrend, this that I haue 

now written is sufficient. So for this tyme I rest your louing frende, 

Charles R. 
For Stretherne. 



44 ROYAL LETTERS. [1632. 



53. King Charles I. to William Eael of Steathern. — 27th September 1632. 

Charles E. 
Eight trustie and right welbeloued cousin and counsellour, We greete yow 
well. Whereas wee are informed that as yet there is but a small progress 
made in the tryall of the lamentable death of the Viscount Melgum and 
others, wee hauing wreitten at seuerall times that all lawfull and speedie 
meanes might be vsed for bringing the tryall of that mater to light, and par- 
ticulerlie for torturing of one John Melclrum, of whose guiltinesse there are 
some greate presumptiones proceediug (as wee are informed,) from his own 
confession, and seing it is enacted by our Prime Counsell that he should be 
tortured, which, if it be done in time, may much conduce to any subsequent 
tryall for clearing of that busieness : Our pleasure is, and wee do hereby 
authorise and require yow to cause torture the said Meldrum with all dili- 
gence, for which these presents shal be your warrant, and wherein yow shall 
do vs acceptable seruice. Wee bid yow farewell. From our honour of 
Hampton Court, the 27 of September 1632. 

To our right trustie and right welbeloued cousin and counsellour the Earle of 
Strathern, President of our Priuie Counsell of Scotland. 

54. The Same to the Same.— 27th September 1632. 
Charles E. 
Eight trusty and right welbeloued cousin and counsellour, Wee greete yow 
well. Yow will perceaue by our lettre to our Counsell our intention touch- 
ing a complaint made vnto vs in behalf of our right trustie and welbeloued 
cousin and counsellour the Marquise of Huntlie, that in the late proceedings 
for trying of one Toschoch touching the death of the Viscount Melgum, delay 



1632.] KING CHARLES I. 45 

was made by the Justice Deputs to the hinderauce of justice, wherein seing 
our princely care still is that all lawfull and speedie wayes may he vsed for 
bringing the truth of that busienesse to light, wee will exspect at your handes 
both in regard of your charge and trust from vs, that yow see no lawfull 
meanes omitted for the due and timely tryall of that complaint, and that yow 
will therein vse your most effectuall and readie endeauours, and certifie vs of 
your opinion touching the same. Wee bid yow heartily farewell. From our 
honour of Hampton Court, 27th September 1632. 

To our right trustie and right welbeloued cousin and counsellour the Earle of 
Strathern, President of our Priuie Counsell of Scotland. 



55. King Charles I. to Geokge Viscount Dupplin, Chancellor, and Others. 

3d October 1632. 
Charles E. 
Eight trusty and right welbeloued cousins and counsellours, Wee greete yow 
well. Being fullie resolued to repair thither, God willing, the next sommer, 
where wee are desirous that all tilings at our commiug and aboade may be in 
such readinesse and order as may answer our expectation and care of the 
credite of that our ancient Kingdome, wherein conceauing that it is requisite 
that before our comming thinges be so forseene and prouided in due time as 
they were at the time of our late royall father his being there ; Our pleasure 
is, that yow call to mind or informe yourselfes of the wayes and meanes 
prescribed and taken for his receauing and intertainment, and so forsee for 
things that nothing necessarie and fitt be wanting at our being there, and 
that yow considder of such offices as are necessarlie recpiisite to be established 
during our residence, without drawing vpon vs any superfluous or vnnecessarie 
place or charge, and to that effect that yow mak a roll of them that are needful], 



id 



ROYAL LETTERS. 



[1632. 



and a list of such persones' names as yow shall think most fitt to discharge 
the same, that wee may mak choice of such of them as wee shall think fitt ; 
vpon all which, hauing deliberatlie treated what is fitt to be done and pro- 
uided, let vs be certified thereof with all diligence by yow, our Treasurer and 
President of our Priuie Counsell, whom wee will to come fullie instructed to 
giue vs satisfaction herein ; but if yow shall find a necessitie that a Commis- 
sion be giuen by vs to this purpose, wee require yow to cause our Aduocate 
draw such one as yow shall think requisite, and send the same to vs, with a 
blank for the names which wee will cause fill vp, and returne with diligence. 
All which wee speciallie recommend vnto your care, and bid yow farewell. 
From our honour of Hampton Court, 3 October 1632. 

To our right trustie and right welbeloued cousins and counsellours, and to our 
right trustie and welbeloued counsellour, the Viscount of Duplin, our 
Chanceler, the Earle of Morton, our Treasurer, the Earle of Strathern, 
President of our Priuie Counsell, and the Lord of Traquhair, our Deputie 
Treasurer of our Kingdome of Scotland. 



56. King Charles I. to Willtam Earl of Strathern. — 9th December 1632. 

Charles E. 
Whairas yow at our speciall command haue agreed with the Lord Halyruid- 
hous for the disponing to vs of the hous and precincts off the said Lordship, 
haill teinds, and vthers thairto appertaining, These are thairfore to will and 
requyre yow, in our name, to command him that he mak no vther bargaine 
with any off our subjects off the same, nor no parcell thairoff, till Witsonday 
next, at the quilk tyrne we sal give ordour for his payment of the soumes 
agreed and promittit to him for the same, as also if yow sal find it fitt that 
yow give ordour that the Commissioun of the surranders supersaid any 



1632.] KING CHARLES I. 47 



medling with the teynds of the said Lordship, or kirks of the same, till the 
first of July next, for doing qhairoff these presents sal be to yow ane sufficient 
warrant. Gevin at our Palace att Whytehall, the nynt day of December 1G32. 
To our richt truistie and weil beloued cousyn and counsalour, William Earle 
of Stratherne, President off our Counsall off Scotland. 

57. The Same to the Same. — 9th December 1632. 
Charles E. 

Whairas we haue given warrant to our Advocatt to call to him Maisters 
Andro Aytoun, Thomas Mcolsoun, and Lues Stewart, Advocats, and consult 
with thame whidder it be fittest for our seruice, that the seruices and retours 
quhairby yow ar serued and retourit to vmquhile Dauid Earle off Stratherne, 
and vmquhile Euphame, Countes off Stratherne, sould be deleit fuirth of our 
registers or reducit ; These ar to will and command yow to caus administer 
ane oath solemnelie to thame all, and to caus thame vpon thair oath delyver 
thair opinyouns and judgements, and sett the same doun in writ vnder thair 
hands, and returne the same to vs, and that ye ar in our name command 
thame to keip the same secreit, quhairanent thir presents sal be to yow ane 
sufficient warrant. Gevin at our Palace at Whytehall, the nynt day of 
December, the zeir off God 1632. 

To our richt truistie and weil beloued cousyn and counsailour William Earle 
of Stratherne, President off our Counsaill off Scotland. 

58. The Same to the Same. — 14th December 1632. 
Charles E. 

Eight trusty and right welbeloued cousin and counsellour, Wee greete yow 
well. Whereas wee were long since pleased to grant a Commission for 



48 ROYAL LETTERS. [1632. 



reuising the Acts of Parliament, that such of them as were considered and 
collected by our Commissioners appointed for that purpose, might be in readi- 
nesse to be rectified and ordered in the next Parliament, according to the 
intent of that Commission : Hailing at this time directed yow vnto our 
Ivingdome of Scotland, for affaires speciallie importing the good of our 
seruice, wee are pleased, amongst other thinges, speciallie to recommend vnto 
yow to informe yourself of all that hath proceeded in that Commission, and 
to report vnto vs the true estate thereof, representing in our name to those 
Commissioners that they speedilie proceed to haue all things touching that 
Commission in readinesse at our coming thither this next spring of the yeare ; 
and that yow particularlie recommend to the Lordes of our Colledge of 
Justice for contributing their ayde at their best conveniencie in furthering 
that work, which wee will tak as very acceptable seruice done vnto vs, and 
which wee will particulerlie acknowledge at their hands whensoeuer occa- 
sion shall convenientlie offer to that purpose. Wee bid yow heartily farewell. 
Prom our Court at Whitehall, the 14 of December 1632. 

To our right trustie and right welbeloued cousin and coimsellour the Earle 
of Strathern, President of our Priuie Counsell of our Kingdome of 
Scotland. 



59. King Chaeles I. to William Eael of Stratheen. 
21st December 1632. 
Chaeles E. 
Eight trusty and right welbeloued cousin and counsellour, Wee greete yow 
well. Hauing wreitten to our Aduocat to persue George Nicoll before yow or 
your deputies for such false and malitious calumnies which yow did heare 
in our own presence, Our pleasure is, that yow cause his punishment be 



1633.] KING CHARLES I. 49 

speedilie sentenced, as shall best accord with justice and the foulnesse of his 
offence, which wee will talc as good seruice done to vs. Wee bid yow fare- 
well. From our Court at Whitehall, the 21 December 1632. 

To our right trustie and right welbeloued cousin and counsellour the Earle of 
Strathern, President of our Privie Counsell of Scotland. 

60. King Charles I. to William Earl of Airth, President of the Privy 
Council of Scotland. — 21st January 1633. 

Charles E. 
Eicht trustie and richt weelbeloued cousing and counsellour, We greet yow 
weell. Seeing we haue commanded our Advocat to intend ane actione of 
reductione of thes services to David Erie of Stratherne, and Euphame Countes 
of Stratherne, we doe heerby promise that if in the said actione we doe evicte 
your barronie of Kilbryd, we shall immediatly dispone the same to yow 
heritablie, and becaus we haue in all this bussines of Stratherne, from the 
first to the last, found your great affectione to our service, we will tak a 
speciall care of the weell and standing of your hous, that vtheris heerafter 
may be incouraged to doe ws good service. So we bid yow heartily fareweell. 
From our Court at Whitehall, the 21 of Januier 1633. 

To our right trustie and right welbeloued cousin and counsellour the Earle 
of Airth, President of our Priuie Counsell of our Kingdome of Scotland. 

61. King Charles I. to William Earl of Strathern. — 23d February 1633. 

Charles E. 
Eight trusty and welbeloued cousin and counsellour, Wee greete yow well. 
Though wee were pleased vpon some false and malitious calumnies suggested 



50 



ROYAL LETTERS. 



"1633. 



vnto vs by one George Nicoll, against some of our cheef officers, to giue order 
vnto yow as our Justice- Generall to cause his punishment be speedilie sen- 
tenced, as should best accord with justice and the fouleness of his offence, yet 
vpon some consideraciouns now moving vs, wee baue required our Counsell 
to tak the ordering of that cause before them. Therefor our pleasure is, that 
yow cause your deputs cease from all proceedings touching that purpose, 
leauing our Counsell to tat such order therein as they shall think fitt, for 
which these presents shal be vnto yow and your said deputs sufficient warrant 
and discharge. Wee bid yow fairewell. From our Court att Whythall, the 
23 of February 1633. 

To oure right trusty and welbeloued cousin and counsellour the Eaiie of 
Stratherne, President of our Privy Counsell of our Kingdome of Scotland. 



62. King Chakles I. to the Commission anent the Earl of Airth's Process. 

1st May 1633. [Copy.] 

Wheras we haif bein informed by oure trustie and weilbeloved Sir James 
Skene, Knycht, President of oure Colledge of Justice, that he would 
vndertake to prove that it was said to him that oure richt trustie and 
weilbeloveit cousing and counsallour the Earle of Airth, President of 
oure Counsell, affirmed that he should haif bein King of Scotland, and 
that it was said to him that he affirmed to haif better, or as guid rycht 
to the Croune as we ourselffis, that it mey be dewlie tryed whither these 
treasonable speecheis wherwith the said Earle is accused be true, or if they 
be bot calumnies ; it is oure pleasour, that zow, to whom these presentis 
ar directed, or any sex of zow, oure Chancellour, or any of the tuo Arche- 
bischopis being one, doe convein and call befoir zow the said Sir James, and 
caus him condiscend vpoun the names of his reporteris, and in caice they 



1633.] KING CHARLES I. 51 

should deny, then zow shall examine such witness as the said Sir James 
shall produce againes his said reporteris, and to bring them before zow, and 
if his authouris haue it only by the report of otheris, that zow proceid till 
zow haue sum who doe affirme to haue hard it immediatlie frome himself, and 
that zow examine all such witness as shall be produced vnto zow (they 
being nobilmen or men of guid qualitie and reputatioun, or such as against 
quhome their can be no legall exceptioun,) vpoun the said report, tyme, 
pleace, and other circumstances requisite, and theirafter, quhen zow haif done 
with the tryall, that zow send to ws the severall depositiones of the said 
witness, everie one of them haueing signed that which is his owne ; for 
doeing wherof these presentis shall be zowr sufficient warrand. Givein at 
Whythall, the first of Maij 1633. 

To oure rycht trustie and weilbeloved cowsing and counsallour George 
Viscount of Duplin, our Chancellour ; to the rycht reverend fatheris 
in God, oure trustie and weilbeloved counsallouris, Johne Archebischop 
of St. Androis, and Patrik Archebischop of Glasgow; to our rycht 
trustie and weilbeloved cowsingis and counsallouris William Erie of 
Mortoiui, oure Thesaurer, Thomas Erie of Hadinton, Lord Privie Seill, 
Johne Erie of Lauderdaill, William Viscount of Air; to oure rycht 
trustie and weilbeloved counsallouris Johne Lord Traquair, oure Deputie 
Thesaurer ; and to oure trustie and weilbeloved counsallour Sir Johne 
Hay of Landis, Knycht, oure Clerk of Eegistre, or to any sex of zow, 
oure Chancellour, or one of the two Archebischopis being one. 

63. The Same to the Same.— [1633. Copy.] 

The authouris that he hes give vp to me ar, the Lord Eamsay, the Constable 
of Dundie, for the saying that he should haif bein King of Scotland ; and for 



52 ROYAL LETTERS. [1633. 

the other speecheis of haueing as guid rycht to the croune or better then my 

self, the Erie of Wigtovm and Sir James Maxwell of Calderwood ar named : 

thairfor I command zow to call for and examine them four abouenamed witht 

all expeditioun, and send their examinatioimes to me, witht all diligence ; 

nevertheles goeing on as fast as ze can to hunt this report to the seat, to the 

end that (if it mey be) I mey sie ane end of this bussines before I come to 

Scotland. 

Sic subscribitur C. R. 

64. King Charles I. to the Chancellor anent the Earl of Airth's business. 

1st May 1633. [Copy] 
Charles E. 
Hight trusty and weilbeloved cousin and counsellour we greit zow weill. We 
have sent zow heirwith a commissioun for tryall of that which is alledged 
against our right trustie and weilbeloved cousin and counsellour the Erie of 
Airth, President of our Privie Counsell, with the names of sutch persounes 
sealled vp to be delyvered to zow. And it is our pleasour that, haveiug con- 
veined with all possible diligence with zow the Archbischopis of Santandrewes 
and Glasgow, the Erles of Mortoun, Hadintoun, and Lauderdaill, the Vicount 
of Air, the Lord Traquair, and Sir John Hay, Clerk Piegistre, or ony sax of 
zow, zow or on of the tuo Archbischopis being annexit, and thay aud zow 
being appoyntit by vs Commissioners for the tryall of this bussiness, zow 
opin the Commissioun before thame and so proceid for examining of sutch 
witness as shall be produced to zow according to the Commissioun. And if 
any of the saidis Commissioners shall be vsit be the partie informer as witness, 
though thair do not remain so many as we have sett doun for the coram, it is 
our pleasour nevertheless that the rest shall proceid ; and if any of the said 
Commissioners sal be vsit as witness, we appoynt ' that his depositioun vpone 



1633.] KING CHARLES I. 53 

oath be presentlie taken, and in cace he do not depone that he hard the said 
Erie speak that which is alledgit in the tuo articles gevin in against him, that 
he be immediatlie reponed in the place of his Cornmissioun as gif he had not 
bein vsit as a witnes. And it is our pleasour lykwayis that the said Erie be 
allowed to mak vse of advocatis with whom he may consult and defend his 
caus als farr as hath bein or can be laufullie granted in the lyk cass. We 
bid zow fareweilL Erom our Court at Whythall, the first day of May 1633. 



65. King Charles I. to William Earl of Airth. — 7th May 1633. 

Charles E. 
Airth, — I give zow licence, if it please zow, to retire to any of zour owne 
houses in the cuntrey till my comeing to Scotland, at which tyme (and efter 
these things ar cleared, which we houpe to be but calumnies wherewith zow 
ar charged,) we will not feall to have a cair of the standing of zour house, and 
of zour credit, and will give zow that marke of our favor which we promised 
to zow heirtofore. At Whythall, the 7 of May 1633. 

66. King Charles I. to Mr. Thomas Nicolson and other three Advocates to 
appear as Counsel for the Earl of Airth. — 23d June 1633. 

Charles E. 
Trustie and welbeloued, Wee greet yow well. Whereas our right trustie and 
right welbeloued cousin and counsellour the Earle of Airth is to compeere the 
morne by his Advocats for answering such obiectiones as of late are layed to 
his charge, wee being verie willing that he vse what laufull nieanes he possi- 
blie can for cleiring of himselfe : Our pleasure is, that haueing with all dili- 
gence informed yourselfe of the estate of his cause, and what he can alleadge 



54 ROYAL LETTERS. 




vpon his pairt, yow compeere at that tyrne in his behalf for clearing and 
answering to the said obiectiones, for which these shal be your warrant. 
Given at our Court at Halyrudhouse, the 23 day of June 1633. 

To our trustie and welbeloued Mr. Thomas Mcolsone, Mr. Eoger Mouet, 
Gilbert Nilson, and Mr. Dauid Prymrose, Advocats. 

67. King Charles I. to William seventh Earl of Menteith. 

[Circa June 1633.] 
Charles E. 

Eight trustie and right welbeloued cousin and counsellour, Wee greete yoAv 
well. Whereas wee formerlie were pleased to conferre a title of honour vpon 
our trustie and welbeloued counsellour Schir William Alexander, our Princi- 
pall Secretarie for Scotland, whereof the signatour wee deliuered vnto yow, 
but were pleased vpon some consideraciouns that the passing thereof might 
be delayed for a time : Our pleasure is, that yow cause exped it with all dili- 
gence, according to the tenour thereof, and for your so doing these presents 
shal be your warrant. 

To our right trustie and right welbeloued cousin and counsellour the Earle of 
Monteith, President of our Privie Counsell of our Kingdome of Scotland. 

68. King Charles I. [to the Earl of Traquair,] intimating his Majestie's 
pardon to the Earl of Airth— 14th July 1633. 
C. E. 
If you find the Earle of Arthe cum to such a confession as will give us satis- 
faction, We be thes give yow warrand to assure him of his lyf and forfaitour. 1 
Given at Seaton, the 14 of July 1633. 

1 In the original, the word " fortune " had King's own hand, who also substituted the 
been at first inserted, and is deleted by the word " forfaitour." 



1633.] KING CHARLES I. 55 



69. King Chaeles I. to [Archbishop Spottiswoode] anent the Earl of 
Airth's affairs. — [Circa 1633. Copy.] 

Right reuerend father in God, and trusty and wellbeloued, Wee greete yow 
well. Hauing vnderstood by your report of the Earle of Airth his cautioners 
and creditours faire and legall proceeding for recouerie of those moneyes 
which they have payed and vndertaken for him, and the releef of his debts, 
wee are well pleased therewith ; and hauing taken to our princely considera- 
cione his distresses and their suffringes, wee haue given order to our officers 
to pay to him with all possible diligence those moneyes which we were 
formerlie pleased to grant vnto him towards the releef of his said burdens, 
that thereby his estate may be recouered and his cautioners and creditours 
frecl of their reall disbursements and vndertakings for him ; but because wee 
conceaue that the conveniencie of our other iust affaires will not allow all to 
be payed at one ferine, Our pleasure is, that yow tak some faire course for 
securing legallie his cautioners and creditours for their principall sowmes 
(prouiding the same inferr no present possession of his estate or any part 
thereof for their said sowmes,) for the space of two yeares or longer if you shall 
think fitt, for payment thereof, that after the expiring of that time they haue 
such an irredimable suretie as may inferr reall and actuall possession of his 
estate for their principall sowmes, at least for so much as shal happen to be 
vnpayed at the said time, and that he be not further obliged for exhibition 
and deliuerie of his wreitts, then to exhibit such as may mak appear to yow 
and them that he is infeft in the estate, and that he nor his appearand heirs 
cannot dispone thereof to the creditours' and cautioners' preiudice, and that 
during the forbearance of their principall sowmes they may not suffer be want 
of their due interest ; Our further pleasure is, that forthwith yow see them fullie 



56 ROYAL LETTERS. [1634. 

secured of the termely payment thereof, and if the said interest be not termly 
payed that he amitt the benefite of the said forbearance ; the legall perform- 
ance of all which wee recommend to your care, and bid yow farewell. 

70. King Chakles I. as to the distressed state of the Earl of Aieth. 

[Circa 1634.] 
Charles K. 

Haveing taken to our princelie consideratioun the distressed estait of the 

hous of Airthe, Wee ar graciously pleased to give towards the releiff of the 

debtis wherewith the same is presentlie burdened the sowme of six score twelf 

thowsand merkis Scottishe ; and dureing the forbeirance and not payment of 

the said sowme, or most pairt theirof, the sowme of fyue hundred pounds 

sterlin yearlie. And for the more ready and better releiff of the burdeins of 

the said hous, wee ar pleased to buy that hous neir to Halyrudhous, whiche 

belongeth to the Erie of Airthe, and vpon his secureing of ws theirof, to give 

to him the sowme of eighteine thowsand merkis Scottishe. And farder, wee 

ar content to buy in the Countesse of Airthe hir pensioun of fyve hundreth 

pund sterling ; and vpon hir and hir husband their resignatioun of the same, 

to give theirfore the sowme of threttie thowsand merkis Scottishe. The legall 

and formall performance whereof wee do recommend to Traquair. Given at 

71. King Charles I. authorizing a Grant for the Belief of the Earl of Airth. 

24th February 1634. 

Charles K. 

It is our pleasour that you caus our Advocat draw up a signator for our Eoyall 

hand, containing the soume of eight thousand pounds sterlin, to be payed out 

of the first and readiest of our rents, casualities, taxationes, etc., to Johne Lord 



1635.] KING CHARLES I. 57 

Kilpont, towards the releif of the Earle of Arthe's debtes. As alsoe that he 
draw up a renunciatione to be signed be the sayd Earle of Arthe of all formar 
pensiones, precepts, and gifts of money quhatsumevir given by us to him ; 
togider with a formall and legall dispositione of that hous belonging to him, 
and lyand nixt adjacent to our palice of Holyrudhous. Given at Quhythall, 
the 24 day of Februarie 1634. 



72. King Charles I. [to the Earl of Kinnoul,] "Warrant in favour of the 
Earl OF Airth for £10,000.— 12th January 1635. [Copy.] 

Charles E. 
Right trustie and weilbeloued, Whereas wee ware pleased to assigne towardis 
the payment of ten thowsand poundis sterlin, which wee did bestow vpoun 
the Erie of Airth, conforme to oure former warrandis gevin vnder oure hand 
at Hamptoun Court, the day of last bygane, the remander of 

the taxatiounes quhereof the late Erie of Kynnowll your father was collectour, 
and to the collection quhereof yow now succeid in his place ; and wee being 
still of the same resolutioun, Oure pleasure is, that yow mak good and thank- 
full payment of all such soumes as was found restand be him of the foirsaid 
taxatiounes to the said Erie of Airth, or to oure Treasurer or Treasurer 
Depute, for his vse, either of whose discharges shal be to yow a sufficient war- 
rand : And to this effect oure pleasure lykwise is, that yow delyuer in all your 
accompts of the saidis taxatiounes to oure Exchequer betwix and the 10th 
day of May nixttocum. Gevin from our Court at Whitehall, the 12th day of 
Januar 1635 yeires. 



58 ROYAL LETTERS. ["1637. 



73. King Charles I. to William Earl of Airth. — 28th December 1G36. 

Charles R 
Eight trusty and welbeloued cousin and counsellour, Wee greet yow well. 
Hauing vnderstood how yow out of your affection to do vs seruice caused 
apprehend the eldest brother of Gilroy, hauing a gentleman, a neare kinsman 
of yours, killed in that seruice, wee giue yow thankes for the same. As heretofore 
yow haue found how gratious wee haue been towards yow, so if yow continue 
the like course as occasion offers in what may concerne the good of our seruice, 
it wil be the best way to recouer our good opinion, and so we bid yow farewell. 
From our honour of Hampton- Court, 2S December 1636. 

To our right trustie and welbeloued cousin and counsellour the Earle of Airth. 

74. King Charles I. to William Earl of Morton, Treasurer, and Others. 

7th November 1637. 

Charles R 
Quhairas be our former warrand direct to zow, We gave speciall command 
for payment to be maid be zow to our trusty cousing and counsallour 
Willianie Erie of Airth of all such soumes as wes dew to ws furth of the laitt 
taxatiouns or conceilments thairof be our vmquhile trusty cousing and coun- 
sallour, the Erie of Kinnoull our Chancellar, and be George now Erie of 
Kinnoull, his sone, collectour of the said taxatiouns at the fitting of thair 
accompts ; and forsamikill as we have beine pleised since syne to dischairge 
ane pairt of the saids soumes in favouris of the said George Erie of Kinnoull 
extending to the soume of twell thowsand audit hundreth pundis money of this 
realme ; thairfoir it is our speciall pleasour that ze sie the said Erie of Airth 
to be payed and satisfied of the said soume of twell thowsand aucht hundreth 



1639.] KING CHARLES I. 59 

punds vsuall money foirsaid furth of the first and reddiest of our rents, 
casualities, annuities, and vthers quhatsumever dew to ws furth of the said 
Kingdome, for the quhilk thir presents sal be to zow ane speciall warrand. 
Given at Whythall, sewenth day of November 1637. 

To our richt trusty cousings and counsallouris the Erie of Mortoun our Prin- 
cipal Thesaurer, and the Erie of Traquair our Thesaurer Deputt. 

75. King Charles I. to William Earl of Airth. — 19th March 1639. 

Charles E. 
Eight trusty and welbeloued cousin, Wee greete yow well. Hauing heard 
how that yow haue refused to adhere to any of the courses held by the 
Couenanters, and that from the beginning yow haue alwise disproued the 
same, wee haue been pleased to tak particuler notice thereof, and for which 
wee giue yow hearty thankes, assuring yow that wee will not onely be carefull 
to protect yow, but will likewise acknowledge your affection to our seruice 
in a reall maner when occasion shall offer, and wee doubt not but yow will 
continue as yow haue begunne, and withall contribute in what lyes in your 
power for aduancing thereof, speciallie at this time. We bid yow farewell. 
From our Court at Whitehall, 19 March 1639, stilo Scotico. 

To our right trusty and welbeloued cousin the Earle of Airth. 

76. King Charles I. to John Lord Kilpont. — 2d May 1639. 

Charles E. 
Eight trusty and welbeloued, Wee greete yow well. Haueing vnderstood 
how all this time yow haue been constantlie affected to the good of our 
seruice, by not adhering to any of the courses of the Couenanters, wee tak it 



60 ROYAL LETTERS. [1639. 



well at your haudes, and giue yow hearty thankes for the same, desiring yow 
to continue as yow haue begunne, and to proceed for the good of our seruice 
according as yow shall find any occasion to offerr, and be assured that wee 
wil be carefull of yow, and of that which may concerne your good hereafter. 
Wee bid yow farewell. From our Court at Durham, the 2 of Maij 1639. 

To our right trusty and welbeloued John Lord of Kinpont. 

77. King Charles I. to William Earl of Airth. — 27th June 1639. 

Charles E. 
Eight trusty and welbeloued cousin and councellour, Wee greete yow well. 
Whereas a bargane was made between vs and the Earle of Mar, touching his 
surrendering to vs of the beretable offices of the Sherrifship of Sterlinshire, 
of the Chamberlanrie of the Lordship of Sterling and Baillierie thereof, and 
of the Water of Forth, for which wee were to pay unto him fyve thousand 
pounds sterling out of such faiseable suits as by his procurement and charge 
should be brought in to our vse, according to the noate of agreement made 
therevpon ; being now willing to reviue that bargane, and reposing speciall 
trust in your affection to the good of our seruice, Our pleasure is, that yow 
treate with him touching his surrender of the said offices vnto vs according 
to our agreement, and for his surrendring likewise of his heretable keeping of 
our Castle of Stirlin and park thereof, with their parts, pendicles, and perti- 
nents whatsoeuer. And as yow go on in these barganes and conclude therein, 
lett vs be aduertised, that wee may proceed therevpon as wee sail find cause. 
For doing of all which these presents shal be your warrant. Wee bid yow 
farewell. From our Court at Beruick, 27 June 1639. 

To our right trusty and welbeloued cousin and councellour the Earle of 
Airth. 



1641.] KING CHARLES I. 61 

78. The Same to the Same.— 27th July 1639. [Holograph.] 

Airthe, — Seing that I haue commanded all my Councell to attend and assist 
my Commissioner at this next ensewing Assemblie and Parlament, I particu- 
larly command you as one of that nornber to giue you[r] attendance and best 
assistance to him in euerie thing that may tend to the good of my seruice ; 
requyring you lykwaise, to deale with all your frends, and all others with 
whom ye haue trust, to giue there hartie endeuors for the furtherance of the 
same ; whereof I will take notice to eache as I shall fynde the effects answer- 
able to my expectation ; and so I rest, 

Your asseured frend, 
Barwike, 27 July 1639. Charles B. 

79. The Same to the Same.— 20th November 1639. 

Charles B. 
Eight trusty and welbeloued cousin and councellour, Wee greete yow well. 
Being willing to heare your opinion touching some things which at this time 
concerne our seruice in that our kingdome, wee haue hereby thought fitt to 
require yow to repair with diligence to our Court, where our further pleasure 
shal be imparted to yow. And so wee bid yow farewell. From our Court at 
Whitehall, the 20th of Nouember 1639. 

To our right trusty and welbeloued cosen and councellour the Earle of Airth. 

80. King Charles I., Lease to William Earl of Airth and Menteith 
of the Lordships of Fife and Menteith.— 29th October 1641. 

Charles E. 
Our Soveraine Lord considering that his Majestie is trewlie restand auchtand 
to his Majestie's richt trusty cousin and counsallour Williame Erie of Airth 



62 ROYAL LETTERS. [1641. 

and Monteith, Lord Kilbryd and Kilpount, the soume of fyve thowsand pound 
Stirling, and that in full contentatioun of so much of the principall soume of 
ten thowsand pound Stirling containit in his Majestie's precept maid to his 
said traist cousin of dait the day of March 1634 zeirs and of the annual- 

rents of the samyne restand awand vnpayed to him, and als in full conten- 
tatioun of all such soumes of money payed and debursed he him at his 
Majestie's command to John Erie of Carrik, Lord Kinclevin, for purchasing 
fra him ane renunciatioim of his pensioun of fyve hundrethe pound Stirling 
and of the arieragis thairof, and syklyk in full contentatioun to the said Erie 
of quhatsumever arierages of his awin pensioun of fyve hundrethe pound 
Stirling restand vnpayed to him hefor his resinging and surrendering of the 
said pensioune to his Majestie ; and his Majestie thairwith remembring the 
many great and thankfull services doine and performed be his said trusty 
cousin and counsallour, as weill in the publik affairs of the Kingdome as in 
vther imployments trusted to him be his Majesty, in respect quhairof his 
Majestie is pleased till the said soume of fyve thowsand pound Stirling be 
payed, not only to secuir him in the zeirlie annualrent thairof, but also thairwith 
to give and bestow on him so much zeirlie rent as with the intres of the 
said soume of fyve thowsand pound Stirling maks vp zeirlie the soume of 
sevin hundrethe pound Stirling. And his Majestie vnderstanding that the 
frie rent of the Lordschipps of Fyff and Menteith amounts in money, vittaill, 
and custums to the said soume of sevin hundrethe pound Stirling of zeirlie 
rent or thairabout, thairfoir his Majestie ordains ane letter to be past vnder 
his Majestie's Privie Seill, setting and in tak and assedatioun letting, lykas 
his Majestie be thir presents setts and in tak and assedatioun lettis, to his 
Majestie's said traist cousin, his airs maill and assignayes, all and haill the 
Lordschip of Fyff and Lordschip of Monteith with the haill fewmaills, few 
ferrnes, kains, custums, and vthers dewties of the said Lordschips for all the 



1641.1 KING CHARLES I. 63 



dayes space and zeirs of fyue zeirs, and thairafter for als mony mae zeirs of 
the space and indurance foirsaid fra tyme to tyme respective to the reall 
payment to him and his foirsaids of the said soume of fyve thowsand pound 
Stirling to be payed to the said Erie altogither in ane soume at ony time 
it sail pleis his Majestic After the payment quhairof thir presents sail 
expyr in the self ipso facto, with power to the said Erie and his foirsaids ay 
and quhill the payment of the said soume of fyve thowsand pound Stirling, to 
vplift and receave the fewmaills, fewfermes, and vthers dewties of the saids 
Lordschips of the crop l m vj" and fourtie ane zeirs fra the fewars, chamerlains, 
and vthers intromettouris thairwith and zeirlie thairafter ay and quhill the said 
soume of fyve thowsand pound Stirling, haill and togither in ane soume be 
reallie payed to the said Erie and his foirsaids, and to give acquittances and 
dischairgis thairvpoun quhilk sal be sufficient to the receavers, payand thairfoir 
zeirlie the said Erie and his foirsaids to his Majestie and his successors the 
soume of twentie pounds sterling in name of dewtie zeirlie at the feist of 
Witsonday. And that thir presents be extended with all clauss neidfull, 
with command to the Lords of Sessioun or Exchecker to grant and direct 
lettres of horning vpoun ane simple chairge of ten dayes against the foirsaids 
fewars, chamerlains, and vthers intromittouris foirsaids with the saids fewmaills, 
fewfermes, and vthers foirsaids, and with command to the Lords of Exchecker 
to allocat and allow the saids fewmaills, fewfermes, and vthers foirsaids, to the 
said Erie and his foirsaids, and to the payers thairof, zeirlie in thair Exchecker 
accompts, for the quhilk thir presents sal be ane sufficient warrand. Given at 
Halirudhouse, 29 of October 1641. 

Pleis zour Sacred Majestie, — This drawin vp be zour Majestie's speciall warrand 
contains ane tak to the Erie of Airth and his airs of the fewmaills, fewfermes, 
and vthers dewties of the Lordschips of Fyff and Monteith estimat to sevin hun- 



64 ROYAL LETTERS. [1641. 

drethe pound Stirling of zeirlie rent for the space of blank zeirs, and thairafter 
till the soume of fyve thowsand pound Stirling be payed to thame. The tak 
dewty left blank till it be filled vp be zour Majestie, and this in satisfaction 
to the said Erie of the sournes of money auchtand to him or debursed at zour 
Majestie's command in maner aboue expressit. S. Thomas Hope. 

81. King Charles I. to the Lords of the Treasury, in favour of the Earl 

of Airth.— 12th November 1641. 
Charles E. 
Wee haue been pleased to signe to our cosen the Earle of Airth a current tak 
of the Lordships of Fyfe and Monteith from fyue to fyue yeers till the somme 
of fyue thousand lib. sterlin which wee are owing him be in one payment 
refounded ; and because wee haue wpon our certaine knowledge of the justice 
of the debt, as hailing been most part of it debursed by him and aduanced 
wpon a knowen benefitt to ws, giuen to him this for a security in the present, 
and that wee intend very shortly to find a meanes for satisfying of the debt : 
Our speciall pleasure is that ye forthwith exped the said tak without any stop 
or delay, and that notwithstanding any Acts of Parliament or Exchequher or 
any warrants or instructions from our selfe to the contrary, which wee are 
lieerby pleased to dispense with in this particular ; and requyre you lykways 
so to doo wpon this our speciall warrant, which, therfore, it is our pleasure 
that ye cause registratt in our books of Exchequher. Gevin att our Pallace of 
Holyrudhows, this 12 of Nouember : 1641. 

To our right trusty and wellbeloued cosens and counsellours the Lords Com- 
missioners of our Thesaury, and to our Thesaur Depute and remanent 
Commissioners of our Exchequher. 

Drauen by your Majestie's command, 

Ja. Gallouay. 



1642.] KING CHARLES I. 65 

82. King Charles I. to the Lords Commissioners of the Treasury. 

29th March 1642. 
Charles R 

Eight trustie and right welbeloued cosens and councellours, right trusty and 

trustie and welbeloued councellours, and trustie and well beloued, Wee greet 

yow well. Being informed that there remaineth due by vs vnto our right 

trusty and welbeloued cosen, William Earle of Airth, certane summes of 

money, payable foorth of oure Exchequer there ; and wee being most willing 

that what is adebted vnto him either of pencion or precept be duely payed 

him : It is our pleasure, and wee doe hereby require yow to take some 

speedy course for his satisfaccion of what shal be found justly oweing him, 

either of pencion or any other maner of way, and that foorth of the first and 

readiest of oure rents, customes, and casualties whatsomever belonging vnto 

vs within that our kingdome, notwithstanding of any former act or warrant 

made or granted to the contrary, wherewith wee doe by these presents dis- 

pence. And for your soe doeing (which wee will acknowledge as acceptable 

service done vnto vs,) these shal be vnto yow sufficient warrant. Wee bid 

yow farewell. From our Court at York, the 29th day of March 1642. 

To our right trusty and right welbeloued cosens and councellours, our right 
trusty and trusty and welbeloued councellours, our trusty and welbe- 
loued, the Lordes Commissioners of our Treasury, and remanent Lordes 
and others, Commissioners of our Exchequer of Scotland. 

83. King Charles I. to the Lords of the Treasury in favour of the 

Earl of Airth. — 18th July 1642. [Copy.] 
Charles E. 
Eycht trustie and weilbeloued cosen and counsellour, rycht trustie and weil- 
beloued cosins and counsellours, and rycht trustie and weilbeloued, Wee greit 

I 



G6 ROYAL LETTERS. [1643. 

yow weill. Whereas at our last being there we wer pleased to signe to the 
Eaiie of Airth a current lease from fyve to fyve yeiris of sevin hundreth 
pounds sterling furth of the rentis of the lordshippis of Fyffe and Monteith, 
redeemable vpon the payment of fyve thousand poundis sterling, which have- 
ing bein by us done for onerous causs and vpon certane knouledge, wee did 
signe a speciall warrand besyidis the grant for expeding it. And being now 
informed that it is yet vnpast, wee have thought fit againe to will and requyre 
yow ather to pas it as ze have done otheris of that nature, or that ze tak some 
other present course for his satisfaction, wheroff therefor not doubteing, wee 
bid you fairweill. Given at our Court at Beaverlie, the auchtein of July 1642. 

Addressed to the Lords Commissioners for the Treasury and Exchequer. 

84. King Charles I., Warrant in favour of William Earl of Airth for 
£7000.— 18th March 1643. [Copy.] 

Charles E. 
Rycht trustie and rycht weilbeloued cousins and counsellouris, We greet yow 
weill. Wheras wee wer pleased at our last being in that our Kingdome of 
Scotland, for great and onerous causs moveing us, to grant ane take to our 
rycht trustie and rycht weilbelowed cowsin, William Earle of Airth, of the 
rents of Monteith and Fyffe, extending zeirlie to 700 lb st., redemable alwayes 
vpon the soume of 5000 ft> st., to be payed altogidder in one soume : Lykeas 
we wer graciouslie pleased by sundrie letteris to recommend the payment of 
the said dewties and principall soume to yow, zit we, vnderstanding that 
nether our said grant nor precept is past or satisfied, but that the said Earle 
hes bein frustrat of the payment of what we so graciouslie wer pleased to 
grant vnto him : And now being sufficientlie informed that his creditouris 
pres him with all extremitie for payment of certane soumes of money ad- 



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1650.] KING CHARLES II. 67 

debted be him, we, being vnwilling that he should be distressed, have therfoir 
granted vnto him the soume of sevin thousand pound sterling, which we will 
and ordain to be payed vnto him furth of the first and readiest of the tak 
dewtie off our customes, great and small, and impost of wynes addebted to ws 
be Sir "William Dick, taksman theroff : And to that effect we inhibit yow, 
and als requyre yow to inhibit and discharge the said Sir William Dick from 
issueing out or makeing payment of any pairt or pairtes off the said tak dewty 
efter the dait heiroff, vntill he pay first to our resaveris for the said Earle his 
vse the foirsaid soume altogidder, or as he shal be pleased to have it in pairtes, 
or els take off and frie him of his creditouris in so far as extendis to the said 
soume. And this we recommend seriouslie vnto yow, and expect your per- 
formance theroff, and that notwithstanding of any actis of our Exchekquer or 
warrandis from ws to the contrarie, either for restraint of moneyis, or any other 
restraint whatsumever. Wheranent by these presents we dispense, and which 
we ordaine to be allowed in your accomptis, yow produceing the said Earle his 
discharge vpon the recept of the said soume, togidder with the discharge of 
the former take and soume granted vnto him. And for your so doing these 
presentes (being registrat in the buikes of our Exchekquer) shal be vnto yow 
sufficient warrand. From our Court at Oxfuird, the 18th of Marche 1643. 

Addressed to the Lords Commissioners of the Treasury. 

85. King Charles II. to the Earl of Airth. [Holograph.] 

Perth, the 19 of November [1650.] 
My Lord, — I could not lett this bearer, your sone, returne to you without 
taking this ocasion to lett you know how sensible I am of your affection to 
my seruice, and to assure you that there is nobody more sensible of you and 
your familie's sufferings (for my father of ever blessed memorie and my selfe) 



G8 ROYAL LETTERS. [1651. 




than I am : I make no doubt but to be one day in a condition to make you 
better returnes than in paper, which is all for the present I can doe. I desire 
you to continew your affection to me, and to be ready vpon all occasions, and 
you may be confident that I shall euer be 

Your very louing frind, 

Pray lett your sone returne to me againe. 

For the Earle of Airth. 



86. King Charles II., Warrant in favour of William Earl of Airth for 
£7000.— Portend, 10th February 1651. 

Charles R 
We have sein ane warrand from our father of ever blessed memorie, to his 
trustie cowsing William Earle off Airthe, daitted at Oxford the 1 7 of Merch 
1643, for payment to him off the sowme off sevine thowsand powndis sterling 
money owt off owr Exchequer off Scotland, and owt off owr customes, small 
and great, in that Kingdome, and off seavine hundrethe powndis sterling zeirlie 
wntill the said principall sowme off seavine thowsand powndis sterling shall 
be payed to the said Earle altogither in one sowme, which warrand is registrat 
in Exchequer as the principall bearethe, which we have redd and sein, we doe 
heirby ratifie and approve the said warrand givine by owr wmquill father off 
ever blessed memorie, to the said Earle, his aires or his assignayes, bothe for 
the principall sowme off seavine thowsand powndis sterling, and for seavine 
hundrethe powndis sterling yeirlie from the dait off the said warrand, wntill 
the principall sowme shall be payed altogether, and in one sowme, as the 
warrand bearethe, and doe heirby promise on the word off ane prince to sie 



1651.] KING CHARLES II. 69 

it faitkfullie payed when ever we fynd occasione. Givine at Portend, the 
tent day off February 1651, in the secund yeir off owr reigne. 

87. King Charles II. requiring William Geaham of Gartmore and Patrick 

Monteith of Ardenbeg to guard the Passes of the Forth. — 1 2th July 1651. 

Charles K. 
"Wuhairas we find it most requisite for the good of our present service that 
ane gaird be appoynted at the passis of Newbridge vpone Forth : These are. 
thairfoir to requyre our weelbelovit freindis, Williame Grahame of Gairtmure 
and Patrik Monteith off Ardinbege, to gaird and watche the passis at New- 
bridge vpone Forth, and to seirche, talc, and apprehend all fugitives and run- 
awayes, and seaze on thair meanes and persones ; and do hereby, for these 
endis, suffer and permitt thame to pas and repair home without truble or 
impediment, and doeth liberat and freith thame, thair persones and estaittes, 
of all pane and danger they may incur throw thair absence from ws or our 
armie ; notwithstanding of any of our actis and ordinances of Parliament or 
Committie of Estaittes, and proclamatiounes maid for thair attendance as 
hereto. And for the bettir effectuating of thair services, we authorize thame 
to raise thair men and tennentis for thair assistance. Gevin at our leiger at 
Kilsayth, the 12th day of July 1651 yeiris, and of our rigne the thrid zeir. 

88. King Charles II. requiring John Graham of Duchray and Walter 

Graham of Glenny to assist in apprehending Fugitives from the Army. 
—28th July 1651. 

Charles E. 
Whairas we have granted ane warrand to William Graheme of Gartmoir 
and Patrick Monteith of Arnebeg for apprehending of fugitives and runawayes : 



70 ROYAL LETTERS. [1651. 

Thairfoir, for their farder assistance in manageing the said service, we do heirby 
requyre Johnne Graheme of Deuchray and Walter Graheme of Glenny to be 
redye and assisting to them with thair men and followares quhen they sal be 
requyred by the saidis William Graheme and Patrik Monteith, or ony of them, 
as occasioun offeris ; and for that effect does heirby liberat and frie the saidis 
Johnne and Walter Grahemes of all perrill and danger that they can incur or 
sustene throw thair not cuming furthe as heritours, notwithstanding of any 
Actis or Statutes maid in the contrair ; and this to indure so long as the 
saidis William Graheme and Patrick Monteith is in that service, or so long as 
they sail think it requisite for their assistance. Gevin at our Court at Ster- 
ling, the tuentie aucht day of July 1651. 

89. King Chakles II. relieving the Lands of Gartmore and Arnebeg from 
Quarterings and Cess.— 30th July 1651. 
Chakles E. 
Whaieas we have granted ane warrand to WiHiame Graheme of Gartmoir 
and Patrick Monteith of Arnebeg for apprehending of fugitives and runna- 
wayes from our army, with the assistance of thair owne tennentis, men and 
followeris for that effect; and lykwise vnderstanding that thair landis is 
exhausted by extraordinary quarteringis and payment of publict dewes; 
thairfoir these ar requyreing all officeris and souldieris of our armye to desist 
and ceas from all quartering vpoun thair landis whair the samyn lyes, or any 
pairt thairof, and from exacting any cessments furth of the samyn : Eequyring 
all collectours or subcollectours, or thair deputtis, [to desist] from exacting 
furth of thair landis of ony monethlie mantenance or ony vther publict dewes 
qhatsumever during the tyme of thair imployment allanarlie, as they sal 
be answerable vpoun thair hiest perrill and hazard. Gevin at our Court at 
Sterling, the penult day of Jubj 1651, and of our reigne the thrid zeir. 



1665.] KING CHARLES II. 71 

90. King Charles II., Warrant in favour of William Earl of Airth for 
£500.— 14th July 1662. [Copy.] 
Charles R 
Whereas our royall father of ever blessed memorie, in the year 1629, was 
graciously pleased to give a precept vpon the Earle of Marre, then High 
Treasurer of our Kingdom of Scotland, for payment of five hundred pounds 
sterling out of the first and readyest of the fines of the Circuit Courts, to 
William Earle of Monteith, then President of our Privy Councill, and Justice 
Generall of that our Kingdome, for furnishing of robes to the Judges of the 
said Courts, and sending out his deputies to wait on the service vpon his 
owne charges : And now being informed that the said sume was never paid 
to the said Earle, nor to any ether air or assignay of his, Our will and pleasure 
therefore is, and wee do hereby require yow to pay vnto William, now Earl 
of Airth, his grandchild, the said sume of fyve hundred pounds sterling out 
of the first and readiest of our rents, customes, and casualties whatsoever of 
that our Kingdome, for which doing these presents shal be vnto yow a 
sufficient warrant. Gevin at our Court at Hamptoun Court, the 1 4th day of 
July 1662, and of our reigne the 14th yeare. By His Majestie's command, 

Lauderdaill. 
Addressed to the Lords Treasurers and Commissioners of the Exchequer in 
Scotland. 



91. King Charles II., Warrant in favour of William Earl of Airth for 

£500.— 2d June 1665. [Copy.] 

Charles R 

Whereas our royall father (of ever blessed memory), in the yeare 1629, was 

graciously pleased to give a precept vpon the deceased Earle of Marr, then 



ROYAL LETTERS. [1665. 



High Treasaurer of our Kingdome of Scotland, for payment of fyve hundreth 

pounds sterling, out of the first and readyest of the fynes of the Circuit Courts, 

to William Earle of Monteith, also deceased, then President of our Privy 

Councell, and Justice-Generall of that our Kingdome, for furnishing of robes 

to the Judges of the said Courts, and sending out his deputyes to wait on the 

service, vpon his oune charges : And now being informed that the said soume 

was never payd to the said Earle, nor to any, either air or assignee of his : 

and whereas, by our precept since, of the date at Hampton Court, the 14th of 

July 1662, wee did then require that the said soume should be payd vnto 

William, now Earle of Airth, his grandchilde, whereof, as wee are informed, 

he hath as yet received no satisfaction, Our will and pleasure therefore is, 

and wee do hereby againe require yow to pay to the said William, now Earle 

of Airth, or to any whom hee shall appointe to receive the same, the foresaid 

soume of fyve hundreth pounds sterling money foresaid, and that out of the 

first and readyest of our rents, customes, revenues, and casualityes of that our 

kingdome. For which doing these presentes shal bee vnto you, and to the 

auditors of our accompts, to allow the samyn an sufficient warrant. Given at 

our Court at Whitehall, the 2 day of June 1665, and of our reigne the 17th 

year. 

By his Majestie's command, 

Lauderdaille. 

To our Treasaurer-Principall or Deputy Treasaurer and remanent Lords and 
others, Commissioners of our Exchequer of our Kingdome of Scotland. 



73 



STATE AND OFFICIAL LETTERS. 



92. Alexander first Earl of Dunfermline, Lord Chancellor, to William 
seventh Earl of Menteith. 

From Edinburgh, 30th January 1619. 
My verie honorable good Lord, — All hairtliest commendatiounes premitted, 
I doubt not hot your Lordship remembers weill what cair my Lord Erie of Mar 
and I had in obteyning your Lordship a Commissioun aganis your cousen 
Dougall, whairin, as your Lordship hes werye honourablye, and according to 
your deutie to his sacred Maiestie our dreade soueryne, dischairged yourselfe 
thairin, by putting him to tryall, and ministring off justice, sua am I now to 
intreatte your Lordship, as ye may bothe exspect my Lord of Mar and me to 
be euer readie in anye your honourabill and lawfull affairis to pleasour yow, 
that ze will haif a speciall cair of the berar Jhone, his brother, and be a 
protectour to him in all his lawfull bussines, for wee ar boithe ingadged for 
the same ; and your good Lordship may assure yourselfe giff he fynd not the 
frootts of your fauouris and kyndnesses extendit to him, he will haife recourse 
to ws, wha hes promesed the same to him, in your Lordship's nayme. Bot 
hoping zour Lordship shall newir giffe him anye sic occasioun, and that zour 
Lordship shall fynd him a verye honest freind, and trew followar of yow, — I 
wische your Lordship all happines, and rests euer, 

Your Lordship's maist affectioiiat to serue yow, 

Dunfermelyne. 

The band and obligatioun of blood, which standethe betuix your Lord- 

K 



74 STATE AND OFFICIAL LETTERS. [1627. 

ship and me and this gentleman our freind, should mak ws haif the greater 
regairde and respect to him, specialye being one that deserwethe noe other- 
wayes of ws. 

To my most honourabill good Lord, and weil beloued cousen, my Lord Erie of 
Menteithe. 



93. The Lords of the Privy Council of Scotland to William seventh 
Earl of Menteith. — 12th April 1627. 

Efter our verie hairtlie comendations to your good Lordship. Wheras, for 
the ease of the Commissionars nominat by his Maiestie for the surranders, it 
is thocht meitt that they shall attend monethlie per vices : and your Lordship 
is nominat for to give your attendance in the whole moneth of Junij as orje of 
that number : These ar therfor to request your good Lordship to mak your 
address heir vpone the last of Maij nix to cume, to the intent that the whole 
moneth of Junij may be assisted with your Lordship's presens. And so rest- 
ing assured of your Lordship's keiping of this dyett, we comitt yow to God. 
Frome Haliruid Hous, the tuelff day of Appryll 1627. 

Your Lordship's verie assuired good freinds, 

Wintoun. Geo. Cancel!.. 

Melros. Monteith. 

Eothes. 
To our verie honnourable goode Lord the Erie of Menteith. 

94. The Same to the Same.— 19th April 1627. 

After our verrie hairtlie commendationis to your goode Lordship. Wheras 
Wedinsday the tuentie fyve of this instant is appoyntit for the nixt meitting 



1628.] ARCHBISHOP SPOTTISWOODE. 75 

of the Couusaill, at whilk tyme siiidrie matteris concerneing his Maiestie's 
service ar to be handlit, whilk will requyre the presence and aduyse of a full 
nomber of the Counsaill : These ar tharefoir to requeist and desyre your goode 
Lordship to keip this dyet preceislie, whilk loukeing assuredhe yow will do, 
we conimitt your Lordship to God. Frome Halyrudhous, the nyntene clay of 
Apryll 1627. — Your Lordship's verrie assured goode frendis, 

Meleos. Geo. Cancell. 

Pa. B. of Eoss. J. E. Mae. 

Linlithgow. 

To our verie honnorable goode Lord the Earle of Menteith. 

95. John Spottiswoode, Archbishop of St Andrews, to William Eael of 
Menteith, President of the Privy Council. 

Darsy, the 8 September 1628. 
My service rernenibrit to zour Lordship. Vntil this last week I culd learn 
nothing of that Father Stephen of qhoni zour Lordship spak vnto me ; and 
for William Wood, I advertised zour Lordship by my Lord Advocat that he 
wes for certain gone into Englande, quhere it is lyk ynoughe he may be found 
at his brotheris house in the Strand, not farre from Courte. Now for the 
other ; I haif learned that he wes heir in Parbrothe, and som other places, 
qhere he had great reverence clone vnto him, and Mr. James Seytoun, preist, 
a sonne of the said house, did attend him as a seruant. They ar both for 
certain departed into Elanderis, and caryed with them a large contribution 
of mony from the Catholickis in this country, qhither to the Emperour and 
the mantenance of his warris, or to the supply of their seminary, is not 
known. So diligent are they in their negotiationis, and it is certain if materis 
be not mor strictly lookt to, ere it be longe thei will mak som busines. 



76 STATE AND OFFICIAL LETTERS. [1628. 

In this tym, after that miserable and vnhappie accident fallen furth at 

Courte, it had been necessary in my opinion that zour Lordship had been 

there, as I haif schwen to my Lord Advocat, qhiche his Maiestie cidd not 

but haif taken wel, for the affection zour Lordship wes known to carye to the 

nobleman and to his Maiestie's service, qhiche now cannot but resaif distrust, 

lettis, and impedimentis, by the courses men wil preciste vnto, though I know 

his Maiestie wil not change in his favour to zour Lordship, and suche as zow 

are. So muche I presum to wryt out of my love to zour Lordship, and so 

wil rest, 

Zour Lordship's most assurit to serve zow, 

Sanctandrews. 

To my very honorabill good lord, my Lord the Erie of Monteith, President of 

His Maiestie's Privie Counsaill. 



96. John Spottiswoode, Archbishop of St. Andrews, to William Earl of 
Menteith, President of the Privy Council. 

St Andrews, the 17th November 1628. 
My service remembrit to zour Lordship. Toucheing this busines of the 
Master of Oliphant, if zour Lordship had known the longue continue]] ce 
of his promisse with the Churche, and how in our last Synode, vpon his 
offer by Eobert Seytoun, to communicat qhere and at qhat tym we suld 
appoint, he was ordaynit to keep this tym in Kynnowll Kirk, and a number 
appointed to communicat with him, qhere he sayis the actioun wold haif 
been privat of him self alone, zour Lordship wold never haif interponed 
zour letter for delay. This thai seek only to gain tym, quhiche I trust 
in God sal be nothing to thair advantage; and howbeit I know the 
ministrie will tak the delay in il parte, zet wold I not haif him or any of that 



1628.] ARCHBISHOP SPOTTISWOODE. 11 

sort but know that zour Lordship's worde is of mor credit and respect with 
the Kirk then his communicating is worthe. Therfore haif I written to the 
brethren to differe to that tym, qhiche I truste thai wil doe. I lookit qhen 
I resavit zour Lordship's letter to haif had some intelligence how effairis goe, 
but it seemis thai are alse vncertain as before. Alwayis I rest, 
Zour Lordship's most assurit to serve yow 

Sanctandrews. 

To my very honorabill good lord, my Lord the Erie of Monteith, President 
of his Maiestie's Councell. 



97. The Same to the Same. 

St Andrews, the 23d November 162S. 
My service remembrit to zour Lordship. These brethrin come for obedience 
to his Majesty's proclamation to exhibit the names of excommunicat Papistis 
and recusantis, quherof the number is so great that I suld be sory they wer 
known, and therfore, except zour Lordship think otherwise, it wer best in 
my opinion, after thai ar heard, to make their relation in general of the state 
of thingis in these northe partis to direct them to gif the rollis to the Clerk of 
the Counsal, til zour Lordship haif occasion to vse them. The sight therof 
in publick wil, in my mynd, animate otheris of that profession in the south 
and west partis and doe no more good. Alwayis somquhat must be done at 
this tym to represse their insolence, otherwyse they wil grow more bold then zit 
thai haif been. I haif gifen them my privat advise, qhiche they will relate to 
zour Lordship, and I am perswaded zour Lordship [will] mak zour zeall for 
God and his truthe to be seen preferring Godis honour to al worldly affection. 
One thing I must break by this occasion to zour Lordship, qhiche often I haif 
vrged and it wil be found true, that vnlesse his Majesty haif a guard of men 



78 



STATE AND OFFICIAL LETTERS. 



[1629. 



to doe service in this kynd and other affairis that may occure at direction of 
the Counsal, there can be no execution against rebelis, specially since the 
great men of the country quho are in the place of Shireffis are the mantenaris 
of that Popische crew. And I suld wische zour Lordship to deal for the 
charge of this, qhiche wil be som meanis to strenthen zour Lordship in his 
Majesty's service. I haif written in this to my Lord of Eosse, but willit him 
to keep it to himselfe and travel with his Majesty, that it may be done. I 
know it wil be refused by som, vnder pretext of chargis, but thei haif other 
endis that propone this, and if moderat justice be vsed, there wil be more than 
inoughe to be gotten off these people then wil do this busines. But I wil 
communicat my thotis to none in this, but to the Advocat quho I know 
honoris zour Lordship, and lovis to haif thingis goe wel. Thus commendinge 
these brethern and thair busines to zour Lordship's care, I rest, 
Zour Lordship's assurit to serve zow, 

Sanctandrews. 

To my very honorabill good lord, my Lord the Earle of Menteith, President 
of his Maiestie's CounselL 



98. Thomas first Earl of Haddington to William seventh Earl 

of Menteith. 

Edinburgh, 24th March [1629]. 
My most noble Lord, — I acknowledge with due respect and thanks your 
Lordship's letter of the ellevint. Friends haue aduertised me of your Lord- 
ship's wise and religious cariage in the Marquis of Huntlie's businesse, which 
will be acceptable to all that loue God and the King. Ye were a forward 
instrument when ye were present to sie all that wes convenient concluded 
and prosecuted in this countrie, which wes agreable to God's law and his 



1629.] THOMAS FIRST EARL OF HADDINGTON. 79 



Maiestie's. It rests now to make vse of his Maiestie's blessed zeale to have 
the course approoved and strengthened by his authoritie. Your Lordship's 
and my Lord Chancelar's concurrence in things concerning the estate, reioices 
all that are trulie affected to it, because there is much talked and feared of 
brutes that a nomber of our great men popishlie disposed intend either to goe 
beyond sea, if his Maiestie permit them, or to stay at or neere Court, where 
they may haue conveniencie to meet amongst themselues, and consult with 
Englishmen of their opinion vpon the meanes tending to their ends, litle to 
our good. Since God and the King are vpon our side, they are not to be 
feared, if we do our part, which may be much confirmed by information to his 
Maiestie by your Lordship and my Lord Chancelar, of how great moment this 
businesse is, which not being timelie ordered may make much ado, and now 
being in time prevented will be easilie suppressed. It is an exercise worthie 
of the care of all noblemen at Court professedlie inclined to our religion. 

The Counsell will, by letters and notes, informe his Maiestie and his 
secretaries of some other particular affaires occurring heir ; and since I know 
that your worthie friend Sir Williani Alexander will not conceale any thing 
of that kind from your Lordship, I forbeare to trouble yow, remitting all to him. 

I cannot sufficientlie expresse how great and vniuersall our people's joy 
is for her Maiestie's wished estate, and our assured hopes that God will blesse 
the royall parents and ws with the perfection of that most desired prosperitie 
by her. Some Commissioners vpon our side of the middle shires are informed 
that Sir Eichard Grame intends to procure fauour to his late prisoners, winch 
they extreamelie dislike, both for the present and the consequence, and haue 
entreated the Counsell to prevent it by their letter, whereof I haue thoght fit 
to aduertise your Lordship, for the respect I know your Lordship beares first 
to the publicke order, and next to the worthie men, your friends, employed 
on both sides. If constant reports of my Lord Chancelar's intention to come 



80 STATE AND OFFICIAL LETTERS. [1629. 

from Court before the packet come there, had not persuaded me that my letter 
could not haue found him at Court, I Avoid haue troubled him with a letter of 
this subiect. If it fall otherwayes furth, I pray your Lordship to excuse my 
not writing to him, and to beleeue that I will alwayes remaine, 
Your Lordship's assured to do yow seruice, 

To my most noble good Lord the Earle of Monteith, Lord President of His 
Maiestie's Counsell of Scotland, — at Court. 



99. Thomas fiest Eael of Haddington to William seventh Earl of 
Menteith — [April 1629.] 

My most noble Lord, — My assured persuasion that your worthie friend, my 
Lord Secretaire of Scotland, will fid lie informe your Lordship of all that is 
wretin to him of the Counsel's proceedings, makes me forbeare to trouble your 
Lordship with repetition of that which will be more perfitlie reported by him. 
Your Lordship, by your care and zeale in repressing the encrease and 
bold profession of Poperie, encouraged others to assist yow and follow yow 
therin. It is conceiued by the Lords of Counsell that the Marquis of Hunt- 
lie's going to Court, after disobedience of all the charges direct aganist him, 
will so embolden the Papists, and affray the ministers and best affected sub- 
iects in the north, and many other parts of the countrie, that if he being often 
denunced rebell sail after contempt of the King and Churche's lawes find 
countenance and fauour there, it will make many having charge in the 
Church and estate to become more remisse heirafter nor in former times, not 
withowt danger of derogation to both. For preventing wherof, your Lord- 
ship's place in the estate and affection to religion makes such as honour yow 



1629.] THOMAS FIRST EARL OF HADDINGTON. 81 



to exspect that ye will vse the opportunitie of your being neere to his Maies- 

tie to inform him trulie of the importance of the occasion ; wherin, and all your 

other honorable intentions, I wish your Lordship all happinesse, and sail re- 

maine, 

Affectionat to do your Lordship seruice, 

Hadinton. 

The Vicount Drumlanrik and Sir Eichard Grahame haue giuen so good begin- 
ning to the repressing of bordour outlawes, by taking a nomber of them on 
both sides, that if his Maiestie show fauour and authorise them and others 
well affected to his seruice, the quyetting of disorders in these parts, which 
some would haue made to appeere almost impossible, will be found of no great 
difficultie. The first tryall is made by your Lordship's particular friends ; 
and if your Lordship's true recommendation of their merite to his Maiestie sail 
procure to them his gracious thankes and encouradgement, it will moue them 
to persist in their begunne endeuours, and stir vp others to do the like seruice. 

To my much honored noble lord the Earle of Monteith, Lord President of His 
Maiestie's Counsell in Scotland, — at Court. 

100. The Same to the Same. 

Edinburgh, 1st April [1629.] 
My most honored noble Lord, — I will reitherincurre your reproof for troubhng 
yow with idle lynes nor be blamed for vndutifull silence. This forenoone I 
haue nothing to write, but what will be signified by James Primrois to Sir 
William Alexander by a note of the proceedings in Counsell and Exchecker, 
which I know he will impart to your Lordship, and ease yow and me from 
repetition. In the afternoone we expect the great businesse betweene the 
Earle of Seafort and the borrowes, and betweene the Lord of Lome and the 

L 



82 STATE AND OFFICIAL LETTERS. [1629. 



Ilanders and Hielandmen. In discussing wherof I wish from my heart your 
Lordship's presence and my Lord Chancelar's, for, as I told your Lordship at 
our parting, I expected much businesse and small concurrence, which I find 
ansuerable to my foresight. 

I need not of new to reiterat my recommendation concerning the Papists 
and bordours, but cannot of dutie omit to tell that the action for concealed 
moneyes, the feare of fynes in the bypast and future Circuit Courts, and the 
titbes annuitie, and the Laird of Thornton's Commission, doe so affright our 
people, as I wish that your Lordship and other honorable and wise coun- 
sellours there may so informe his Maiestie of the circumstances, as things 
may be so directed and disposed that when God sail make ws happie by his 
wished presence heir, the people may be prepared to giue him that large supplie 
which his weghtie affaires require, and he grant to them that gracious pardon 
which is vsuall at the coronation of blessed kings. T ame certaine if your 
Lordship find thir pourposes fit to be imparted to my Lord Chancelar, Sir 
William Alexander, and other honorable counsellers of this Kingdome now at 
Court, ye will find an vniforme concurrence by them for proponing all that 
ye sail joyntlie think good to propone for his Maiestie's seruice and weell of 
this his Maiestie's and your natiue countrie. I ame frie of privat interest, 
and sail humblie vndergoe whatever his Maiestie, owt of his excellent 
wisdome, or your advices, sail be pleased to prescriue, and euer remaine, 
Your Lordship's assured to do yow seruice, 

Hadinton. 

To my most honorable good Lord the Earle of Monteith, Lord President of 
His Maiestie's Privie Counsell in Scotland, — at Court. 



1.629-] THOMAS FIRST EARL OF HADDINGTON. 83 



101. Thomas fiust Eael of Haddington to William seventh Earl 

of Menteith. 

Edinburgh, 7th April [1629.] 
My most noble good Lord, — Immediatlie after I receiued by packet of the 
last of March his Maiestie's commandment to the Counsell and Commissioners 
for continowation of the Parlement, I caused warne all of that nomber then 
being in towne to conveene presentlie, and finding more nor I looked for, after 
that order wes giuen for the businesse of Parlement, I caused reade to the 
Lords that part of your Lordship's letter concerning the Countesse of Nithis- 
daill. The Bishop of Dumblane said that the Churche's part wes accom- 
plished, and the Aduocat told that horning wes directed agains my Lady, but 
knew not if it wes registrat. The conclusion wes that since things were 
done so laufullie vpon so good warrants, nothing rested but forbearance of 
farder prosecution till his Maiestie's pleasure sould be more particularlie 
signified by my Lord Chancelar at his returne, as your Lordship had wretin, 
which will be done. Nothing hes occurred since my last to your Lordship 
worth the paines of your reading, at least to my knowledge. If I learne 
farther, I sail either subioyne it to thir lynes, or desire Sir William Alexander, 
or Sir Archibald Acheson, whom I perceiue much affected to honour and 
serue yow, to report it to your Lordship. 

It is rumoured beer that some great men of this countrie at Court haue 
such seuerall ends in particulars as make their concurrence not to be so 
vniforme as is wished for the publicke goode. If it be so, wherof I sould be 
most sorie, I will be bold to entreate your Lordship to persist in that in- 
different course, ayming onlie at his Maiestie's seruice and the countrie's 
good, which your Lordship has practised in your actions, and professed to me 
by conference to be your constant resolution. My weakenesse forbids me to 



84 STATE AND OFFICIAL LETTERS. [1629. 



promise much assistance where I can performe so litle, but all that I can 
sail be contributed to such ends by 

Your Lordship's affectionat seruant, 

Hadinton. 
To my most honored good Lord the Earle of Monteith, Lord President of His 
Maiestie's Privie Counsell in Scotland, — at Court, 

102. Thomas first Earl of Haddington to William seventh Earl 

of Menteith. 

13th April [1629.] 

My most honorable good Lord,— I wes verie glade to know, by your Lord- 
ship's letter of the fyft, your good health, and by others that your Lordship's 
wise, and circumspect proceedings tending to his Maiestie's honour and 
seruice and good of this countrie gaue both contentment to his Maiestie, and 
to all worthie and well affected men there, and that your Lordship's care of 
the dignitie of the Counsell in their lawfull procedings had closed the mouthes 
of such as by sinister relation could haue disgraced, at least intended to 
blemish, any of their actions. 

I haue learned that the minesters' commissioners, to whom letters of 
horning were granted against the Countesse of Mthisdaill vpon her excom- 
munication, had denunced her before your Lordship's letter for superseeding 
execution came to my hands. But I haue aduertised James Primrois not to 
direct letters of caption or any other farther warrant till his Maiestie's farther 
pleasure be knowne. 

I perceiue by your Lordship's letter that Sir Eichard Graham's dealing 
with his prisoners hes beene well warranted, and much mistaken by the Com- 
missioners on this syde ; but I dare assure your Lordship they proceeded not 
owt of malice, their intention onlie being to prevent that no colour might 



1629.] THOMAS FIRST EARL OF HADDINGTON. 85 



procure inipunitie to notour fugitiues ; and Sir Kichard's actions tending to 
the quyet of the countrie will be ansuered by the Commissioners on this side 
with all due correspondence. Your Lordship knowes that the Vicount of 
Drumlanrig your cusing is generous, and having great interest in the peace of 
the middle shires, cannot be blamed to concurre with other well affected 
officers to seeke all laufull wayes to worke it. Those who haue greater place 
in the Commission being seldome in this Kingdome, and when they are 
present, having other businesse not permitting them much leiser to attend the 
Commission, leaves the countrie more obnoxious to receive harme, and giues 
the more fidoe to the inferiour Commissioners, which I hope will moue your 
Lordship the more fauorablie to excuse their too great instance in that which 
concerned Sir Richard Grame, the like wherof I hope sail not heirafter fall 
furth amongst men so well affected on both parts. 

If at the meeting of the Counsell vpon the fyfteent, I learne any thing 
fit to be wretin, I will then and all following occasions be troublesome to 
your Lordship by my letters. Wishing that your speedie and happie returne 
may ease yow of that fascherie, and in the meanetime, whereeuer your Lord- 
ship be, ye may enjoy health and contentment, I rest, 

Your Lordship's affectionat seruant, 

Hadinton. 

To my most honorable good lord the Earle of Monteith, Lord President of His 
Maiestie's most honorable Privie Counsell of Scotland, — at Court. 



103. The Same to the Same. 

16 April [1629.] 
My most honorable good Lord, — My letter of the 14 might haue promised 
to your Lordship exemption from importunitie by me for a long time, if I had 



86 ,"'.": STATE AND OFFICIAL LETTERS. [1629, 



not thoght myself bound in dutie to let your Lordship know what had yes- 
terday past in Counsell of any moment. 

The Bishop of Duniblane shew to the Counsell at their preceeding 
meeting what preiuclice had beene felt and wes feared by admitting of Papists 
vpon the Counsell ; and others told how carefull order blessed King James 
had taken for preventing therof, which will be testified by the extract of ane 
Act made at that time sent vp with the Counsel's letter to his Maiestie to 
Sir William Alexander. 

Yesterday we had many bussinesses in Counsell, most part for questions 
amongst parties of small moment. The greatest wes that betweene my Lord 
of Lome and the gentlemen of the north Isles, debated by word and writ, but 
in such maner that the Counsell, considering the importance, thoght it more 
fit to conclude it deliberatelie at their next meeting, nor precipitatlie at the 
present. 

Eight dayes agoe I did sie a letter of a notable oppression clone to 
Grant of Ballandalloch by James of Carron. I wrate of it sparinglie, not rely- 
ing much vpon the incertaintie of a missiue not sent to myself; but yesterday 
there wes a letter exhibited in Counsell, bearing that the rebell bad killed or 
hoghed abone thrie score plough oxen, and reft fourscore nolt, eight score 
sheep, and nyne or ten horses and meares from Ballandalloch and his 
tennents ; and when he, following for recouerie of his goods, had required 
those throw whose bounds the goods were driven to concurre with him in 
their rescue, he found none. All that we could think fit to be first done wes 
to grant him summonds agains such as had resset, supplied, or anywayes 
fauoured the rebels in their passage, and those who being required had not 
assisted him in their persute. All our power will be in paper vnles your 
Lordship informe his Maiestie how necessare it is that powerfull noblemen 
and magistrats residing too long at Court be sent home to attend and execute 



1629.] THE LORDS OF THE PRIVY COUNCIL. S7 

their charges, or substitute in their place men willing and able to obey the 
Counsel's commandments for his seruice ; for manie more seeke imployment 
nor attend the timelie discharge thereof. I entreate your Lordship to excuse 
the freedome of 

Your Lordship's seruant, 

Hadinton. 

To my most honorable good lord the Earle of Monteith, Lord President of 
His Maiestie's most honorable Privie Counsel! of Scotland, — at Court. 



104. The Loeds of the Privy Council of Scotland to King Charles I., 
complaining of the Hollanders engrossing the whole trade and fishing 
in the North Isles. 

Halyrudhous, 28 July 1629. 
Most Sacred Soverane, — By the petition heerewith enclosed, whiche wes 
preferred vnto ws by the Commissioners frome the free burrowes of this 
Kingdome, your Majestie will vnderstand the heavie prejudices whiche they 
doe susteane, and whairof the effects reacheth to the whole bodie of the 
estate, by reason of the frequent repaire of Hollanders to the North lies, 
vnder cullour of the Erie of Seafort his intendit plantation of strangers in the 
Lewes, who being favoured of the said Erie, and for his interesse respected by 
the inhabitants, have, in prejudice of the natives, ingrossed vnto thameselffes 
the whole trade and fishing in these bounds. This being ane mater worthie 
our serious advertance, and whiche concernes your Majestie, in honnour and 
justice to caus obviat and repaire, we have thought good, in regarde the Erie 
of Seafort is now with your Majestie, agains whome the ground of this com- 
plaint cheefelie reflects, to recommend the ordomiie redresse thairof to your 



88 STATE AND OFFICIAL LETTERS. [1631. 

Majestie's princelie care and determination, hunibelie intreatting your Majestie 
to take suche course for remedying of this abuse in tyme comming as your 
Majestie's subjects may reape in peace the benefite of the countrie commo- 
diteis, and that strangers be debarred frome fishing in your Majestie's waters, 
according to your royall right and law of nations observed in the lyke cases. 
And so praying God to blesse your Majestie with ane long and happie raigne, 
we rest, 

Your Majesteis most humble and obedient subjects and servitours, 

DUXKELD. SANCT ANDREWS. 

Pa. Aberdene. J. E. Mae. 

Pa. B. of Eoss. Monteith. 

Ad. B. of Dunblane. Hadinton. 

Carnegy. Maeschall. 

S R Thomas Hope. Linlithgow. 

To the King his most sacred and excellent Majestie. 



105. The Loeds of the Privy Council of Scotland to the Noblemen and 
Others appointed on the part of Scotland anent a Treaty as to Fish- 
ing.— 21st April 1631. 

After our verie heartilie commendations to your good Lordships. Vpon 
the recept of your Lordships' letter, and for our better informatioun anent the 
particulars conteanit thairintill, we imparted the same to the Provest and 
Bailleis of Edinburgh, desyring to be instructed be thame thereanent. Bot 
they, pretending this to be a commoun caus concerning the whole bodie 
of thair estait, refuised in anie caise to meddle thairin till they wer consulted 
with the burrowes thereanent. Quhilk moved ws to assigne vnto thame the 



1631.] 



THE LORDS OF THE PRIVY COUNCIL. 



89 



twentie of this instant for that effect. This dyet being keeped be a fre- 
quent noniber of Commissioners from the burrowes, and we having with great 
instance showin vnto thame the necessitie and expediencie of your Lordships' 
propositioun, both for his Maiesteis satisfactioun and the credite and benefite 
of this Kingdome, they stood verie punctuallie vpon that article of your Lord- 
ships' instructiouns, whairby there is a reservatioun of all fishings within four- 
tene myles of the land, whilk includes all loches, firthes, and bayes, and 
thought it needlesse to condescend vpon particulars where all was includit, 
hot being in end induced to give vp a particular condescendence, they tooke 
this day to doe the samine, and accordinglie gave in this inclosed report, 
whiche being considderit, and found to be of too large ane extent, we, out of 
our desyre to his Maiestie's contentment, and advancement of the worke, have 
retrinched and restricted the vniversalitie of the exceptioun to the parts sett 
doun in this inclosed note, with allowance of ane reservation of fourteene 
myles off suche coasts of the Kingdome as ar weele peopled, and where the 
countrie people live most by fishing, without the whiche they could not pos- 
siblie subsist, nor zitt be able to pay thair maisters thair ferrnes and dueties, 
whiche is so considerable ane point that it was found by the table that if 
there had beene ane bushe fishing erected in Scotland, there would have 
beene a reservation of all fishing within these waters for the vse and benefite 
of the countrie people, for it cannot be qualified that ever anie Hollander or 
other stranger fished in these waters. And in respect we want the consent 
of the burrowes to this restrictioun, and that we would be loathe to have 
thame hurt or prejudged in that whiche they conceave to tuiche the bodie 
and commouns of the countrie so neerelie, we remitt to your Lordships' 
consideratioun whiche of the twa design atiouns your Lordships will make the 
rule of your proceedings. Quhairin, resting assured that nothing will be want- 
ing in your Lordships that may tend to the preservation of the liberteis of this 

M 



90 



STATE AND OFFICIAL LETTERS. 



[163: 



your native Kingdorne, we committ zour Lordships to God. From Haly- 
rudlious, the twentie ane day of Apryle 1631. 

Your Lordships' verie assured good freinds, 



A. Elphinstoun. 

G. GORDOUNE. 

J. Hamilton. 
James Baillie. 
scottistaevett. 



Lauderdaill. 

Duplin. 

Pa. B. of Boss. 

Wigtoune. 

John Isles. 

S* Thomas Hope. 

To the right noble and our verie honnourable good lords the Erie of Morton, 
His Maiestie's Thesaurer, the Erie of Monteith, President of His Males - 
tie's Counsell, and to the Noblemen and others appointed be His Maiestie 
for the Kingdome of Scotland anent the Treatie of the Pishing, etc. 

106. William Earl of Strathern to King Charles I. — Circa November 

1632. Copy. 

Most sacred Soverayne, — I have, according to zour Maiestie's commande- 
ment signified wnto me by a letter from Mr. Mauld, used my best meanes to 
try if the Bischops and clergie have opposed the Commission of the Tythes 
since thair last returne from Court, bot I may give zour Maiestie assurence 
that they have done nothing in publick to the prejudice of it ; and zet I was 
not content with this, bot I wreat to the Bischope of Sanct-Androus, and 
schew him what I had hard from Court, and I have sent his answer heirwith 
inclosed to Mr. Mauld to be schaune to zour Maiestie, and he does not only 
deny that anie of the clergie did oppose that Commission, bot he promises, 
both for himseKe and the rest of the clergie, that they sail forder and advance 
the wark, and punctualy keep what he promised to zour Maiestie. This is 



1628.] SIR WILLIAM ALEXANDER, SECRETARY OF STATE. 91 

all I canne wreat in that business wntill the tyme I have the honour to kisse 
zour Maiestie's hand, quhich sail be "with all diligence. 

I thought it was not amisse to lett zour Maiestie know that the Clerk of 
Eegister 1 is dangerouslie seek, and no lyfe is hoped for, and zour Maiestie will 
be importunat with suters for his place, it being ane of the pryine places of 
this Kingdome, and requyres both ane habill and ane honest man. 

[Borso] — Copie of ane letter to his Maiestie. 



107. Sir William Alexander, afterwards Earl of Stirling, to William 
seventh Earl of Menteith. 

Southwick, 23rd August [1628.] 
My noble and verie good Lord, — In reguard I wrote so latelie what was 
requisite, I mynded not to haue written now, were not this extraordinarie 
accident fell out, wherewith I cannot but acquaint yow. 

The Duke of Bukinghame is killed this morneing at Portsmouth by one 
Lieutenant Feltoun, the newes whereof was brought to the King while as he 
was sitteing at prayers. This is so recentlie done that I cannot judge, but do 
leaue to your Lordship to conjecture what may follow ; I am, 

Your Lordship's humble seruant, 

S. W. Alexander. 

To my noble and verie good lord my Lord Earle of Monteith, Lord President 
of the Priuie Councell, etc. 

1 This appears to refer to Sir John Hamil- ceeded in that office by Mr. John Hay, then 
ton of Magdalens, Clerk-Register, who died Town-Clerk of Edinburgh, 
on the 2Sth November 1632. He was sue- 



92 



STATE AND OFFICIAL LETTERS. 



[1628. 



108. Sir William Alexander, afterwards Earl of Stirling, to William 
seventh Earl of Menteith. 

Southwick, 1st September [1628.] 
My noble and verie good Lord, — Haueing of late remembred his Maiestie 
of the two letters that your Lordship wrote, and of your earnestnesse in his 
seruice, he was pleased to acknowledge the same by this letter which I send 
herewith. The Duke's death hath bred a greate change in this Court, but 
praised be God, I hope for the better. His Maiestie' s cheife care now is to 
sett out his fleete, being resolued not to remoue till he see it vnder saile. 

There is no seruice at this tynie that your Lordship can do more accept- 
able to his seruice then the furthering of the Circuite Courts, because the 
settleing of that is a seruice particulerlie entrusted vnto yow, at least I wish 
the begining of the work proue such as may make way for a further perfeo- 
tioun the next. I haue conferred at length with your noble frend, Sir Andrew 
Ker, who hath so well vnderstoode and obserued the passages of this tyme, 
that I remitt all further at this tyme, remaineing in the old maner, 
Your Lordship's affectionat seruant, 

S. W. Alexander. 

To my noble and much honoured lord my Lord Earle of Monteith, Lord 
President of His Maiestie's most honourable Priuie Councell. 



109. The Same to the Same. 

Hampton Court, the 27 of September [1628.] 
My noble and verie good Lord, — I receaued your letter to his Maiestie 
concerneing that which you had in charge from his Maiestie for apprehendeing 
of Stephens and William Wod, and I sail deliuer it to his Maiestie at my first 



1628.] SIR WILLIAM ALEXANDER, SECRETARY OF STATE. 9.3 



nieeteing with him. And as for that which yow wrote for preventeiug 
of grantes out of the penall statutes and fynes of the justiciare, there is no 
feare of that at this tyme, a generall restraint being of all matters of monie, 
and I sail haue a care of it, or of anie other thing that yow recomend. 
Haue mynd to cause Grant and Earleshall end that which your Lordship 
spoke to me in there name. 

I see your seruant Mr. Harrie stay long here, I dowt not but it is for 
some necessarie occasions, and if I knew his erands, I should hasten him 
bak, for either the busienesse is not fitt to be propounded at this tyme, or 
might quicklie be granted or refused. 

I see some difference betweene my Lord of Mar and my Lord Naper. 
I wish your Lordship, for both there goodes, may, after you haue considered 
how it is, compose the matter for both there goodes, that they may joyne 
frendlie, as they should do, in the seruice, but I leaue this to your own con- 
sideratioun as yow find cause. 

My Lord Nithdale is laboureing for a letter to the Councell that his Ladie 
may not be troubled, which I think his Maiestie will grant, and your Lord- 
ship shall do well to keepe bak anie thing in that kynd. I wish rather 
that it may be done by priuat fauour then by a publick warrant. Be as 
carefull for me at home as I am for you here, that I may be made able, as 
I am affectionat, to serue your Lordship, 

S. W. Alexander. 

To my noble and verie good Lord my Lord Earle of Monteith, Lord President 
of His Maiestie's Priuie Councell, — These. 



94 STATE AND OFFICIAL LETTERS. [1628. 



110. Sir William Alexander, afterwards Earl of Stirling, to William 
seventh Earl of Menteith. 

London, 23d October [1628.] 
My noble and much honoured Lord, — I presented your last letter concerne- 
ing the course taken in vseing the Presbiteris for the valuatiouns, which his 
Maiestie did reade, and onlie dislyked the takeing of so long a day as the 
nynt of Januarie ; but I remitt this to his own answer, which I haue not yet 
gotten. As for that monie which Stephens and Seatoun transported, adwyse 
with my Lord Adwocat what warrant is requisite for trying, pursueing, or 
apprehendeing of the persones offenders, and send it vp to me, and it sail be 
returned with diligence and secrecie. And as for William Wod, I heare that 
he is here, and I purpose to take him, if yow will send the particulers where- 
with to charge him ; otherwise it will be chargeable and troublesome to send 
him home, but I leaue this till your Lordship's adwertisement. 

I send your Lordship herewith his Maiestie's letter how the Judges 
should carrie tliemselfes with the Lordes of Eegalities in the Circuit Courtes, 
which his Maiestie thought more fitt to write to your Lordship then to the 
Councell, that your Lordship may make vse of it at your own discretioun, 
wherevnto his Maiestie (as the Councell did) remittis lykwise your persute in 
these Courtes of such penall statutes as yow think fitt to touch vpon at this 
tyme, wishing that it be spareinglie and circumspectlie done, that no offence 
be giuen thereby justlie ; and the lesse be done in that kynd now, I think, 
will be the best, that his Maiestie may haue matter when he comes wherewith 
to gratifie his subjectes. Your Lordship shall heare at more lenth by Sir 
James Bailie from me, 

Your Lordship's affectionat seruant, 

S. W. Alexander. 



1628.] SIR WILLIAM ALEXANDER, SECRETARY OF STATE. 95 



I wrote to your Lordship of before concerneing the Countesse of Nithsdale, 
and his Maiestie since hath willed me in his name to desyre yow to haue a 
care that she be not charged before the Councell till he be first acquainted 
therewith. Some conditiouns are agreed vpon for her behauiour in the meane 
tyme with the Bishop of Eosse, which he will write home, and hath, to my 
knowledge, acted his part well. I wish this were done quyetlie, and rather 
by way of preuentioun then by a publick debate. 

To my noble and much honoured lord my Lord Earle of Monteith, Lord 
President of His Maiestie's most honourabill Priuie Councell. 



111. The Same to the Same. 

London, the 15 of Nouember [1628.] 
My noble and much honoured Lord, — Since my last letter there hath beene 
a meeteing before the King of these Commissioners that were here present, 
and after all were heard, what the issue was will appeare by the letter to the 
Comission, whereof I send the copie herewith to yoirr Lordship, and I think 
it fitt that your Lordship cause conveene the Comissioners with diligence, 
and hast that to a point, because it will proue verie materiall for furthering 
of that greate worke which yow haue laboured so much to bring vnto a 
good end. 

I see nothing here but vexatiounes and diuisiounes, euerie man workeing 
against another, and few or none for the publick, which is liklie to make way 
for more harme to the countrie then is foreseene, and the more to be pittied 
that (haueing so just and good a Prince) priuat spleenes and ends interrupt 
the vse that might be made thereof. As for myself, I sail continue to dis- 



96 STATE AND OFFICIAL LETTERS. [1628. 

charge the trust comitted to me the best I can, without being anie waye diuerted 
by the partialitie of others, and shall euer proue, 

Your Lordship's reallie to serue yow, 

S. W. Alexander. 

To my noble and mvch honoured lord my Lord Earle of Monteith, Lord Pre- 
sident of His Maiestie's Priuie Councell, etc. 

112. Sir William Alexander, afterwards Earl of Stirling, to William 
seventh Earl of Menteith. 

Londoun, the 18 Nouember [1628.] 
My noble and verie good Lord, — This last weeke there was a meeting 
amongst such of the Comissioners as were here, who did agree no better then 
yow vse to do at home. The cheif cpiestioun was, whither there should be 
anie appellatioun or not from men chosen by the Presbiteries and approued 
by the greate Comissioun. My Lord Chancelour thought, since they may 
appeale from other high judicatories, it was against reason that no apella- 
tioun should be from such men as were to be subcomissioners, and therefore 
that they might, if they had just cause, appeal from them to the cheife Comis- 
sioun. Others desyred that no appellatioun might be at all. As for my own 
opinioun, I think since the subcomissioners must first be approued by the 
cheif Comissioun, it sail do well, haueing heard all objectiounes, to admitt 
none but them whom, for auoydeing of delayes, they will absolutelie trust, and 
that the appellatiouns be onlie to his Maiestie, or to such as he or his Parlia- 
ment shall appoint, who may punish them that appeale without a cause ; and 
this kynd of appellation howsoeuer, though it were from the cheif Comissioun, 
when they determine cannot be barred ; and yet this course wold make men 
warie, and wold shorten tyme, alwise this is but my priuat opinioun vnex- 
pressed to anie, but by my pen to your Lordship. Conferr herevpon with my 



1628.] SIS WILLIAM ALEXANDER, SECSETASY OF STATE. 97 



collegue, and the adwocat, but I think the determinatioun of what is vrged 
here will preuent.answers from home. 

As to your Lordship's self in that which yow wrote last, I shall tell yow 
what I know, or conceaue, after two verie worthie frendes of yours had moued 
his Maiestie to send for yow, he had no mynd to do it, whervpon, thereafter 
haueing conference withe him, I found that he thought your Lordship wold be 
more vsefull at home to prepare for the nynth of Januarie, which yow could 
hardlie, if comeing here, keep, alwise to show your Lordship that this proceeded 
from no other cause, he remittes by me to your own considerations, according 
to the necessitie of his seruice and of your own conueniencie. Your Lordship 
will find his Maiestie's fauour here in as full measure as yow left it, and your 
frendes as well affected to do yow seruice, but yet I cannot encourage yow to 
come, because I know besydes the certaintie of charge without possibilitie of 
benefite at this tyme, your Lordship will find such diuisiouns here that yow 
can hardlie carrie yourself faire betwix parties, and the makeing yourself a 
partie to either will be dangerous where the doing good may be crossed, and 
a good mynd easielie wronged ; howsoeuer if yow do come at all, make hast, 
and if yow wold haue me vsefull, heare my adwyce first, and no man shall con- 
curre with yow in thinges concerneing the good of his Maiestie's seruice more 
affectionatlie then I, and though I haue giuen my opinioun touching your 
comeing, which I dare not perswade now, yet I referre it to your own judgement 
whither yow will come immediatlie or in the spring. I dowt not yow will heare 
from others in this, but from no man that doth more truelie loue yow then 
Your Lordship's affectionat to serue yow, 

S. "W. Alexander. 

The fleete, praised be God, is returned safe, and we are tormented here with 
daylie contestatiouns flowing from factious dispositiouns, that it is a difficult 
thing for anie man in place how to carrie himself well. 



98 STATE AND OFFICIAL LETTERS. [1628. 

My sone, praised be God, is returned safe, haueing left a colonie neare 
Canada behind him, and I am dealeing for a new setteing forth from Londoun. 

To my noble and verie good lord my Lord Earle of Monteith, Lord President 
of His Maiestie's most honourable Priuie Councell, etc., — These. 



113. Sir William Alexander, afterwards Earl of Stirling, to William 
seventh Earl of Menteith. 

London, the 26 of November [162S.] 
My noble and much honoured Lord, — Imediatlie after the receite of your 
last letter by packet, I presented it vnto his Maiestie, who did reade it with a 
greate deale of contentment as he did expresse by his speache to them that 
were besyd him, of whome it seemed some had beene of the opinion that no 
conklusiue power could be granted to Comissioners at this meeteing. He is 
verie desyrous that yow should all hast vp that the treatie may begin. Let 
them that come know this, and let me know your dyet by the first occasion, 
that I may acquaint him therewith. 

I heare that my Lord Marquesse is presentlie to part for Scotland, and 
his ladie is with quick chyld, to the greate contentment of them and there 
frendes. As for that which your Lordship wrote concerneing the busienesse 
betwix my Lord Bothesse and me, that it should be diuulged by James 
Kininmond, it is impossible, for he neuer heard of it from me, neither do I 
think that he knowes yet, for I acquainted none with it before I came away 
saue my Lord Adwocat, and heareing from him that a treatie was requyred, I 
imparted it to your Lordship, it being a bysienesse that could not be done in 
my absence, but by some frendes whom I trusted ; but my Lord Buchan's 
knowledge was more liklie to come from themselfes nor from anie of myne in 
regard of familiarities that way, and for my mynd in that I wrote it long since 



1628.] SIB WILLIAM ALEXANDER, SECRETARY OF STATE. 



99 



to my Lord Adwocat. If your Lordship write vp aniething about my signa- 
tour, vse Mr. Maul in the deliuerie and not myself. But I remitt all that 
may concerne me there to your own judgement, resteing 

Your Lordship's affectionat seruant, 

S. W. Alexander. 
I haue not had a packet since Waughtoun came nyne dayes ago. 
To my noble and much honoured lord my Lord Earle of Monteith, one of His 
Maiestie's most honourable Priuie Councell of both the Kingdomes, etc. 



114. The Same to the Same. 

London, the 2 of December [1628.] 
My noble and verie good Lord, — I haue sundrie tymes aocpiainted his 
Maiestie with the good seruice your Lordship hath done vnto him, both in the 
Circuit Courtes and vtherwise, which doth continw and encrease his good 
opinion of yow. He is vexed with the diuisiouns of our countriemen, which 
hath made both parties the more distastfull vnto him, and hath made him, I 
think, the more loth that anie more should come vp, alwise as I wrote before, 
after others were refused. He was pleased, vpon a motion of myne, to be 
signified by my letter, to leaue your Lordship's comeing up arbitrarie to your 
self, accordeing to the necessitie of his seruice, or conueniencie of your own 
occasyons ; and now the last letter that went from his Maiestie to the greate 
Comissioun may giue yow new matter of stay till that be answered. 

Alwise your Lordship may haue occasions there which I can not forsee 
here for your comeing, for doing whereof your Lordship hath warrant enough 
by that which I wrote formerlie, yet I sail make a new tryall, but the estate 
of the tynie will not admitt delayes, the nynth of Januarie hastening so 
speedielie on. If you come, I wish, before your Lordship enter with others, 
that I may acquaint you with the troth of thinges as they are. 



100 STATE AND OFFICIAL LETTERS. [1C28. 



As for grantes of penall statutes or monies out of them, feare no such 
thing, for his Maiestie hath giuen expresse warrant to the contrarie, and I 
think it no fitt time to seeke benefite now till the King come home, in 
reguard of the publick want and of the manie suters which doth make all to 
be refused, and though some be granted none to be payed. 

As for your Lordship's pensioun, I think there may be meanes 
made, notwithstanding of the generall restraint, to get it, and the other 
Officers of State, payed by some priuat directioun, if the meanes for doing 
of it at home be made sure, for otherwise anie excuse at this tyme will be 
accepted. 

I heare that a packet which went from hence the twentie four of 
October is lost, wherein there were three letters from his Maiestie ; one for my 
Lord of Linlithgow about the saltpeter makeing, one to your Lordship about 
your proceedeing in the Circuit Courtes, containeing thanks to yourself. I 
am to deale that they may be searched for, and the fault punished. I wrote 
at that tyme at length to the Master of Jedwart, and to manie others, more 
then euer I did at one tyme, who am so much tormented with continuall 
busienesse that I can hardlie haue tyme to write, but sail euer continw, 
Your Lordship's affectionat to serue yow, 

S. W. Alexander. 

To my noble and verie good lord my Lord Earle of Monteith, etc. 

1 1 5. Sir William Alexander, afterwards Earl of Stirling, to William 
seventh Earl of Menteith. 

Londoun, the 16 of December [1G28.] 
Eight honourable and my verie good Lord, — I wrote so latelie to yow with 
my Lord of Lome, that I intended not to haue written shortlie agane, onlie I 



1628.] SIR WILLIAM ALEXANDER, SECRETARY OF STATE. 101 



remember your Lordship in a letter to me of late touched something your ex- 
spectatioun of a reward. I think yow do well deserue it, and am confident 
hereafter yow will gett it, but at this tyme thinges are in such a case that the 
verie motioun of such a thing wold make one vngracious. There is another 
here of whom I wrote before who hath a condition to be supplied both by the 
Kinge's father and himselfe to my knowledge, and yet for all the meanes that 
he, and we that are engaged for him, can vse, he is likelie at the most but to 
get the soume named now till a conuenient tyme come for payment of it. 

I send your Lordship herewith his Maiestie's letter, requyreing yow to 
repaire vnto Court, leaueing the tyme to your own choice, as yow shall think 
fittest for his seruice. I haue written of this so much befor that I will write 
no further now, but wheneuer your Lordship comes I sail be readie to attend 
your Lordship as 

Your Lordship's assured to serue yow, 

S. W. Alexander. 

I spoke for the payment of your Lordship's pensioun, and besydes the warrant 
giuen, that the Officers of State, Judges, and seruants attendeing here in per- 
soun may be first payed, your Lordship may be confident of anie fauour that 
can be requyred here or performed there in that busienesse. 

To my noble and verie good lord my Lord Earle of Monteith, etc., — These. 



116. The Same to the Same. 

London, the 26 of December [1628.] 
My noble and verie good Lord, — I shew his Maiestie your letter, and re- 
ported what seruice yow had done in the apprehendeing of Sir Johne Ogilbie, 




102 STATE AND OFFICIAL LETTERS. [1G28. 

which, as it was good in itself, was the more to be valued at this tyme, in 
reguard of the Popish insoleneies complained vpon in the north. This was 
verie acceptable, as I hope your Lordship will find by the effectes. 

As for the two letters concerneing the tolleratioun of appellatiounes from 
the Sub-Comissioners to the greate Comissione till the Parliament come, and 
of a generall productioun of all titles of tythes, the first is thought will dis- 
courage the Sub-Comissioners, when they feare presentlie to be questioned ; 
and the other will breede a generall feare, both tendeing to a delay ; and be- 
cause of vacant tyme of holiedayes, and of a meeteing therevpon requyred 
before the King, the answer, as yow exspect, cannot come before your meete- 
ing vpon the 8 of Januarie, neither can I as yet assure yow of the certane 
tyme thereof, my priuat opinioun at that tyme, that yow encourage the Sub- 
Comissioners as much as yow can to proceede faithfullie and resolutelie, and 
that all rightes of tythes may be exhibited to his Maiestie's adwocat onlie, as 
the particuler vrgeing of his Maiestie's interest shall requyre, or the secureing 
of parties vpon agreement, or vpon his Maiestie's decree, haue vse of, but in 
this I submitt myself to your own judgement, and shall hast his Maiestie's 
answer. 

Let me heare bak of your Lordship's resolutioun and dyet, which I will 
attend here, and shal euer continw, 

Your Lordship, affectionatlie yours, 

S. W. Alexander. 

My busienesse at home are lyke to go slowlie till I come. Let me know how 
the Master of Jedwart is, whom I loue entirelie, and am sorrie for his sicknesse. 

To my noble and verie good lord my Lord Earle of Monteith, Lord President 
of His Maiestie's Priuie Councell, etc., — These. 



1629.] SIB WILLIAM ALEXANDER, SECRETARY OF STATE. 103 



117. Sir William Alexander, afterwards Earl of Stirling, to William 
seventh Earl of Menteith. 

London, the 27 of December [1628.] 
My noble and much honoured Lord, — Though I haue not heard from yow 
by the two last packets, which made me beleeue that yow were vpon journey, 
yet though I hang your letters vpon the baksyd, that yow may meet it vpon 
the way. It is the onlie cause of this packet, for I haue vnderstood (besydes 
what I conceave myself) by Sir Eichard Grarne that the King is discontented 
with your stay, and it is no wonder, seeing yow parted from him appointed 
to returne, and his will is that yow should hast here with diligence, because 
the Comissioners will meete before his going to Newmarket, which is intended 
imediatlie after the holiedayes. Manie other thinges are considerable, which 
I remitt till meeteing, resteing, 

Your Lordship's affectionat seruant, 

S. W. Alexander. 

To my noble and much honoured lord my Lord Earle of Monteith, etc., — 
These. 

118. The Same to the Same. 

Londoun, the 19th Nouember [1629.] 
My noble and verie good Lorde, — I wrote by [the] packet two dayes ago, 
which carried his M[aiestie's let]ter with that which was vp]on here 

to the Comissioun, rumour concerneing your tended 

It is not [long since] yow began, and God hath blessed your beginning ; haue 
patience, proceed as yow haue done, and be confident of your Master's fauour, 
and of the fruites of it. I am sorrie to heare that which is spoken here of my 
Lord Adwocat's stryfe for place ; because he is your Lordship's true frend and 



104 STATE AND OFFICIAL LETTERS. [1629. 



myne, and yow should take panes to adwyse him in that, that others take not 
occasion to scorne as they do. I see my busienesse of the barronets doth 
proceed slowlie, and such stryfe is partlie blamed ; howsoeuer, I sail adwenter 
brauelie agane, and all the noble here are joyned with me, so that, praised be 
God, that greate work was neuer in so faire a way. 

This night your Lordship's venisoun and aquauytie was praised at 
supper as exceeding goode, and your Lordship's health and your Ladie's went 
about. So referreing all further till Sir James Badie's returne, I rest, 
Your Lordship's entirelie to serue you, 

S. W. Alexander. 
To my noble and verie good lord my Lord Earle of Monteith, Lord President 

of His Maiestie's Priuie Councell, etc. 

119. Sir William Alexander, afterwards Earl of Stirling, to William 
seventh Earl of Menteith. 

London, 2d December [1629.] 
My noble and much honoured Lord, — I wrote by the. last packet how 
acceptable your last letter was when I presented it. I haue lykwyse reade vnto 
his Maiestie the copie of the Comission which your Lordship sent me, and I 
obuiated all objectiounes liklie to be made, so that he is exceeding well 
satisfied therewith, dislykeing all that had suggested aniething to the con- 
trarie. As he willed me to write last, as I did to your Lordship, he doth 
desyre all the Comissioners to hast vp for endeing of it, not dowteing of your 
comeing because of your own conclusion with him, and of the warrant yow 
carried with yow. Neither did Mr. Maul nor I think it expedient to pretend 
a scruple, knowing well how easielie anie man is ouerseene to stay, and with 
what difticvdtie called for. As for the lies and calumnies which were alledged 
to be spread against yow here, I take them rather to be contriued by obse- 



1630.] SIR WILLIAM ALEXANDER, SECRETARY OF STATE. 105 

quious informers at home then euer to liaue beene laboured here, not that I 
dowt what malice or enuie might intend, but it is known that though yow be 
absent your frendes here are strong enough to gainestand greater assaultes ; 
at least I neuer heard anie such thing, and I know yow were neuer more 
endeered in your Master's opinion then at this tyme; nothing is changed 
since yow went away neither concerneing Comissions, nor otherwyse. I sent 
home long since a warrant from me for makeing of barronets, to be filled vp 
as your Lordship and my Lord Adwocat thought best, whom I trust absolutelie 
in that to do as he pleases, and shall eigne anie warrant for that effect, if yow 
los this. As for my own signatour, I leaue it to your self, since yow know 
vpon what termes yow left with the King in that : do as he directed, and no 
further ; for though I suffer more in the opinion of the world, nor if it had 
neuer been motioned, yet I rather want it altogither then yow should do more 
then yow are warranted to do. So referreing all further to your seruant, 
the bearer hereof, I continw, 

Your Lordship's affectionat seruant, 

S. W. Alexander. 
The peace is concluded with Spaine. 

To my noble and much honoured lord my Lord Earle of Monteith, one of His 
Maiestie's most honourabill Priuie Councell of both the Kingdomes, etc. 

120. The Same to the Same. 

Londoun, the 1 Januarie [1630.] 
My noble and most honoueed Lord, — There is no matter of moment occurred 
since yow parted from hence. My Lord Napier hath deliuere[d] his bond of 
Serjan Walthew to my collegue, which, as he telles me, he is to keep till his 
Maiestie's further direction. But I will moue that it may be deliuered vnto 

o 



106 STATE AND OFFICIAL LETTERS. [1630. 

yow. I haue seene it, and do think it worse then I apprehended it to be 
before I saw it ; besydes the other grossenesse in it, the name of one person 
trusted is scraped out of the bodie of the band, and vpon the margin left to 
anie whom he will name ; and to be short, if he faile to yow, it may ruine 
him with the rest that is layed to his charge ; but as I neuer sought nor 
desyred his ruine, so I wish your Lordship may settle the matter, for the 
good of his Maiestie's seruice, to your mynd, and with his saftie. 

The tyme for my sone's supplie doth draw fast vpon me. I haue not 
yet made vse of anie of the bandes were left with me for borrowing of monies, 
which are hard to be had here ; and it wold proue a singuler good for me if 
the noblemen's bondes that are to be preferred, or the contracters' bandes 
with me for barronets, could secure William Gray or Thomas Chartour to 
ansuer the monie here in Februarie, and I wold destroy and send bak the 
bandes yow signed. I know your Lordship, in regard it doth import so much, 
will excuse my being troublesome, who exspec[t] to heare how the ribbandes 
proue ; and, remembring my humble dutie to your ladie, shall euer proue, 
Your Lordship's affectionat seruant, 

S. W. Alexander. 

There is some jarre amongst the English courtiers, who, I wish, may take 
away all ours in that kynd, with the particulers whereof my Lord Traquare 
can acquaint yow, who, since your Lordship parted, hath beene verie frendlie 
and desyrous to expresse himself your frend. Let him know so much as 
from me, vse him as yow tind cause, but trust to the tryall of tyme. Keep 
Sir James Bailie busie to ply my busienesse. 

To my noble and most honoured lord my Lord Earle of Monteith, Lord 
President of His Maiestie's most honourabill Prime Councell of Scot- 
land, — These. 



1630.] SIR WILLIAM ALEXANDER, SECRETARY OF STATE. 107 



121. Sir William Alexander, afterwards Earl of Stirling, to William 
seventh Earl of Menteith. 

Londoun, the 12 of Januarie [1630.] 
My noble and most honoured Lord, — At the readeing of the Councell's 
letter concerneing the apprehendeing of Papistes, I declyned the imployment 
that was desyred to yow for that purpose, which, howsoeuer it might haue 
proceeded from a good intentioun, was not liklie to proue good for yow, and 
before the letter came my Lord Gordoun had order for a comission against 
the north erne Papistes, which, though he be absent, may be discharged by his 
deputes. 

As for that which I haue heard of, etc., I neuer hearken much to 
such rumoures, which are oftentymes deivysed, increased, or miscontructed in 
the deliuerie by reporters. It is liklie that he (as for the most pjart they do 
who haue least,) did what he could to haue his credite seeme greate, and if he 
haue neglected clutie, or hath beene ingrate, why should that which is another's 
fault trouble yow ? I wold onlie greeue to be behind with another in kynd- 
nesse, but neuer for another's neglect that had beene obliged, and what was 
done then was not in hope of retribution, but for preuenteing of worse, and if 
need be, there wantes not the meanes of a remedie. 

His Maiestie doth not desyre that my Ladie Huntlie's daughters should 
be taken from her, nor he be restrained, but relaxed from the home. I think 
his Maiestie's pleasure will be signified to my Lord Chancelor. I will auoyd 
as much as I can to haue your Lordship vsed that way, and yet when it 
comes before yow be fauourable ; this is a dangerous tyme, and the safest way 
is to flie contestations, and to do for ones self or a frend, but as litle as they 
can against others. I will do my best to supplie your absence here, and 
must trouble yow for me at home, cheiflie for supplying my plantation, and 



108 STATE AND OFFICIAL LETTERS. [1630. 

furthering of these thinges which should mak me subsist who do trust yow 
most, and whom yow may trust most, 

Your Lordship's affectionat seruant, 

S. W. Alexander. 

Mr. Haig his comission is signed, and I haue sent home his letters here- 
with, that your Lordship may cause present them to Session and Exchecker 
with Mr. John Hay, who knowes what I haue done for his good town. Haue 
a care of this enclosed note, the purpose whereof is onlie entrusted to 
yourself. 

To my noble and much honoured lord my Lord Earle of Monteith, Lord 
President of his Maiestie's most honourable Priuie Councell, — These. 

122. Sir William Alexander, afterwards Earl of Stirling, to William 
seventh Earl of Menteith. 

London, the 16th of Januar [1630.] 
My noble and most honoured Lord, — This packet to my Lord Hadintoun 
going in hast, by reason of the returne of a Comission for a partieider of my 
Lord Euandale's, made me write nothing but a short letter to my Lord 
Hadintoun for directing the packet ; onlie I wold let yow know that where I 
thought my Lord Naper should presentlie haue followed yow, trusteing to 
that which past betwix yow, I neuer heard from him, but he gote his vnawork- 
able bakband deliuered to my colleague, and a direction to him for a letter to 
the Session to sitt with them ; which I [opjposed, as not fitt in itself, and no 
way conuenient to grace a man with a new imployment who did ly vnder 
such heauie aspersions as vnworthie to keep what he had, and I shew my 
collegue, who I heare procured it, that he wold repent the medling in it, so 



1630.] SIR WILLIAM ALEXANDER, SECRETARY OF STATE. 109 



that it is likelie to stop, and howsoeuer a remonstrance of the troth from 

thence may hinder that, I thought good to adwertise yow of this, because I 

think we are not fairelie dealt with in this ; and it is easie to be caried as 

we intend for his Majestie's seruice. All doth go well here as yow left it, 

and I haue no trouble but how to find monie for setting out my suppiie to 

my sone. Think of that as I wrote before, for it will be hard to lift the 

monie vpon the bandes were giuen here, and it is better to secure them from 

thence. Tell Sir James Bailie, if yow manage that concerneing this man as 

yow resolued when yow parted, thinges are better prepared then they were 

for him, and I am, 

Your Lordship's, 

S. W. Alexander. 

To my noble and most honoured lord my Lord Earle of Monteith, etc., — These. 

123. The Same to the Same. 

London, 21 of Januarie [1630.] 
My noble and most honoured Lord,— I wrote at length to your Lordship by 
my last packet some priuat adwertisements enclosed within a letter to Robert 
Alexander, and in cace of his absence, which I then feared, as it is falne out, 
to his wyf, from whom, if it be not alreadie receiued, yow may demand it ; 
neither is there anie thing whereof I wrot then altered since. The man who 
promeised to follow yow home, it wold seeme, seekes other wayes then by 
yow, and stayes for the returne of some others on whom he doth rely. Nith- 
dale is to come here shortlie. I wish, if the other will not returne, that some 
other were made to suppiie his Maiestie's seruice for the tyme. So haueing 
nothing more concerneing yow till your account of your imployment there 
furnish matter, I must go to my own particuler, which I confesse at this tyme 
doth vexe my mynd much. 



110 STATE AND OFFICIAL LETTERS. [ 163 °- 



The tynie for supplying my sone is come on, and notwithstanding of the 
bandes your Lordship and others signed for me, I can lift no monie here in 
hast ; the English marchants neuer taking Scotish securitie, and the Scotish 
factours not haueing monie ; so that, as I wrote before and spoke with Mr. 
John Hay, the best were to agree with William Gray, or some such man there, 
vpon the lyk securitie to furnish me here, though the half of the fourtie 
thousand merkes were but giuen in hand, and the other half at a reasonable 
day ; and I sail send bak the other bandes that were signed. I hope my 
Lord Carnegie will keep his bargain, and he that wrote prejudiciallie there- 
vnto will rather satisfie for his fault then persist further. I wish as much 
could be had from him and two more as might defray this supplie, which 
were the best way to releeue our bandes. 

I thank your Lordship heartielie for your care of my sone Anthonie ; and 
though I wished, if it pleased God, that my eldest sone had been at home before 
the second were maried, yet I am content, if your Lordship think it fitt, that the 
matter be presentlie ended. But as for that they demand of me, since I haue 
bred him well, and putt him in a good place, it may answer all I here offred : 
for I am to tak no part of what he gettes, but do leaue it to themselfes : neither 
will I be bound in anie sowme further till I releeue that wherein my frendes 
are bound for me, and that my other sone's returne mak me know whither be 
my eldest or second sone ; but they shall do well, if they wold end presentlie, 
to trust me with what I will bestow vpon my sone, which I will do when I 
may, and in such measure as I may ; at least I will giue him more land then 
all his portion is able to plenish, and perchance some monie. Alwise let me 
entreate your Lordship to thank Mr. Kellie and his wyfe in my name, and my 
wyfe's, for there kyndnesse expressed in this to vs, which on our part shall 
haue a heartie and reall meeteing. But in this I referr myself to your Lord- 
ship, and if the matter go forward, adwyse with my Lord Adwocat, Sir James 



1630.] SIR WILLIAM ALEXANDER, SECRETARY OF STATE. Ill 

Bailie, and Bagonie or William Murray of Duncarne, who are his neerest kins- 
men there fitt for such a purpose. Yow will heare weeklie from me, and 
therefore I rest now, 

Your Lordship's affectionat seruant, 

S. W. Alexander. 

To my noble and most honoured lord my Lord Earle of Monteith, Lord Presi- 
dent of His Maiestie's most Honourabill Prime Councell, — These. 

124. Sir William Alexander, afterwards Earl of Stirling, to William 

SEVENTH EAEL OF MeNTEITH. 

London, the 9 of Februarie [1630.] 
My noble and most honoured Lord, — After the receite of your letters from 
Mr. Harrie Drumond, it was resolued that, before Mr. Maul presented your 
surrender, I should deliuer your other letter, and make way as I did. Your 
Lordship's opinion and my Lord Adwocate's concerneing the interruption, and 
Craigievare's action was approued, as bykwyse that no signatour falleing vnder 
his Maiestie's reuocation shall passe, vnlesse, as yow wrote, to be lyable to the 
reuocation, and what warrant yow craue for this may be had. I hope yow 
shall heare the successe of your surrender, and reward for the same, by 
the next packet, wherein I will do as I vse to do in that which concernes 
yow. 

As for my own particulers, I haue no more to write then I wrote for- 
merlie, and speciallie concerneing my sone's supplie, wherevpon his saftie or 
ruine doth depend, notwithstandeing of the bands were left with me, there is 
no monie to be had here, which makes me as yet dowtfull what I may do from 
hence, and therefore whateuer happen, I wold the ship that is fraughted at 
Leith were hasted away with some twentie or threttie good fellowes, and so 



112 



STATE AND OFFICIAL LETTERS. 



[1630. 



much for provisions as she may carrie, so, till your seruant returne, or that the 
other businesse be done, I leaue at further, resteing, 

Your Lordship's affectionat seruant, 

S. W. Alexander. 

To my noble and much honoured lord my Lord Eaiie of Monteith, Lord Presi- 
dent of His Maiestie's most Honourable Priuie CouncelL 



125. Sir William Alexander, afterwards Earl of Stirling, to William 
seventh Earl of Menteith. 

London, the 20 of Marche [1630.] 
My noble and much honoured Lord, — Since my last letter, that course about 
the change of the Treasurer's place is fullie agreed, and approued by his 
Maiestie. I think that he who is to succeede will, as he doth professe, 
neglect no meanes for entertaineing loue and frendship with yow. Alwyse I 
thought fitt to let your Lordship know the estate of this, which I learned here 
at Traquarie's comeing, and take no further notice of it nor yow think fitt. 

As for that which your Lordship wrote with Thornetoun, I remitt it to 
the next occasion, and shall euer continw, 

Your Lordship's affectionat seruant, 

S. W. Alexander. 



If your Lordship can agree [with] my Lord Naper and Sir James Bailie for the 
place, now, or neuer, is the tyme. I feare his great frend hath neglected 
him, and he should the rather be remembred. 

To my noble and much honoured lord my Lord Earle of Monteith, Lord Presi- 
dent of His Maiestie's most Honourable Priuie Councell, etc. 



1630.] SIR WILLIAM ALEXANDER, SECRETARY OF STATE. 113 

126. The Same to the Same. 

London, the 23 of Marche [1630.] 
My noble and much honoured Lord, — Haueing -written with my Lord Tra- 
quare's seruant, I intended not to haue written to yow at this tyme, if a con- 
ference with his Majestie this day had not giuen me the occasion. He is to 
write for yow, that he may haue your opinion in sundrie affaires, and I know 
will trust yow as much as anie man, and therefore come well prepared in all 
these thinges wherein yow carried instructions home, and in all thinges con- 
cerneing his Maiestie's seruice. This change, whereof I wrote last, may breed 
more, and it is fitt now to lay a foundation for the tyme to come. All here 
will be glade of your frendship. New frendshipes are neither to be too much 
trusted nor neglected, but let vs be circumspect, layeing passion asyd, and 
vseing judgement. I know others will write more plainelie to yow, but when 
we meete I will speake freelie, and though I wish warienesse, am distrustfull 
of nothing, but verie confident of the best. 

I thank your Lordship heartielie for your care of my sone's supplie. I 
haue a greate debate with the Frensh, but will either preuaile, or retire with 
honour and proffite. Mak hast vp, and resolue to hast home agane, for I haue 
told the King yow cannot stay. So till the next, or raeeteing, restes, 
Your Lordship's affectionat seruant, 

S. W. Alexander. 
To my noble and much honoured good lord my Lord Earle of Monteith, Presi- 
dent of His Majestie's Councell of Scotland, — These. 

127. The Same to the Same. 

London, the 3 of Apryle [1630.] 
My noble and most honoured Lord, — Nothing hath occurred since Sir 

P 



11.4 STATE AND OFFICIAL LETTERS. [1630. 

Archibald Aicheson parted, but the passeing of my Lord of Mortoune's gift 
vpon Marre's demission haueing the gathering of the Kinge's annuitie, by his 
Maiestie's expresse warrant, joyned with the rest of the rentes. I find the 
nobleman verie generous, and bent to go faire wayes, desyreing much your 
Lordship's frendship and myne. We were not well dealt with by him that 
went out, but he hath done vs no wrong that came in, and we haue no reason 
to giue the first cause of discontent, but to be the more warie till thinges 
settle, neglecteing no dutie in the meane tyme. There are manie thinges 
to be talked of betwix vs at meeteing which I cannot write, but be assured 
that I sail both think and do for yow as for myself, who am, 
Your Lordship's affectionat seruant, 

S. "W. Alexander. 

I did this day remember your seruice to my Lord Conaway, dyneing in his 
house, in a cupp of wyne, which was acknowledged with such exorbitant ex- 
pressiounes of loue, that yow ow me much for coyneing this comission, which 
is satisfactorie for your last errour to him at Tibolles. 

To my noble and much honoured lord my Lord Earle of Monteith, Lord Presi- 
dent of His Maiestie's most Honourable Priuie Councell, etc., — These. 



128. Sir William Alexander, afterwards Earl of Stirling, to William 
seventh Earl of Menteith. 

London, the 4 of Apryle [1630.] 
My noble and most honoured Lord, — I wrote nothing in my last letter con- 
cerneing your comeing here, which I omitted of purpose till I should speake 
with his Maiestie, who had delayed the writeing for yow, which I almost 
suspecteing to haue proceeded from some secret cause, did presse much this 



1630.] SIR WILLIAM ALEXANDER, SECRETARY OF STATE. 115 

day, speakeing as liberallie as became one who loued yow. In end I found 
the cause of the delay was because he wold needes within two dayes write 
vnto yow with his own hand confirmeing what I said, and expresseing that 
which gaue me a greate deale of contentment. I shall be glade to see yow 
here before my Lord of Mortoun part, who doth desyre to enter in an entire 
frendship with yow, and I do think hath a noble and straight meaneing. I 
long till we meete, and till then wbateuer chance, think yow are here in me, 

Your Lordship's affectionat seruant, 

S. W. Alexander. 

To my noble and much honoured lord my Lord Earle of Monteith, Lord 
President of His Maiestie's most honourable Priuie Councell, — These. 

129. The Same to the Same. 

London, the 29th of October [1630.] 
My noble and much honoured Lord, — Since my last packet, all that past 
here, which I can acquaint yow with now is this, my collegue hath taken his 
leaue of the King. He telles me of a letter he hath to the Exchecker about 
the new office of receites, which I, as yet, haue auoyded to see, because I wold 
not medle with it at all. If that proue well, (as I wish, if it be a good work, 
it may do,) he doth deserue the praise of it ; and otherwise I sail be free to 
giue my judgement, as vntaken vp with an anticipated opinion. He hath gote 
a warrant for Sir Thomas Dishingtoun to transport some woll and some other 
few thinges, which I forgett, of no great moment, and yet not verie plausible, 
though, as your Lordship knowes, he was forced, out of just feares, to seek a 
way of his own, which we haue no reason to lyk of ; yet, I can neuer learne 
of anie thing he hath done or spoken to your disaduantage or myne, and 
therefore let me adwyse your Lordship to keep faire with him in the old 



116 STATE AND OFFICIAL LETTERS. [1630. 



maner, without comunicateing secretes or trusteing rashlie, and if yow can 
remoue that professed malice betwix my Lord Adwocat and him, which he 
desyres verie much ; but as for trust and frendship, let tyme work that as the 
cause requyres ; and if his busienesse be not lyked, let his rubbes rather come 
from them in place before yow, then from yow. His coosen, whom he sent 
for, hath failed in altering what was done in the Session ; so that yow may 
enter the Clerk Eegister when yow will, and go on in that purpose. He had 
entreated me to procure his dispatche, which I think I did sooner then he 
expected, I being present at it, he begane to alledge that he had been 
traduced, and his Maiestie replyed that it was his own suspition onlie, for he 
had heard no such thing, so he parted promising to be a good seruant ; but 
yet keep generall formes with him, for though he be no good frend, it is not 
fitt needleslie to make him an euemie. I procured, that same day, Mr. Haig 
a tyme to conferre and take his leaue. His last sute was to be Clerk of the 
Taxation. I told his Maiestie what stryfe had beene about that place, and 
that the best was to deferre anie right was in him vngeuen till he should see 
how Mr. Haige's seruice proued, and then reward him ; and thus all these 
three are gone without doing harme. I haue written this priuatlie, with 
Androw Hay, to let yow know my mynd. I must write another not so free 
with my collegue. When yow haue reade and considered this letter, destroy 
it, and comand, 

Your Lordship's seruant, 

S. W. Alexander. 

To my noble and much honoured lord my Lord Earle of Monteith, one of 
his Maiestie's most honourable Priuie Councell of both Kingdomes, — 
These, 



1630.] SIR WILLIAM ALEXANDER, SECRETARY OF STATE. 117 



130. Sir William Alexander, afterwards Earl of Stirling, to William 
seventh Earl of Menteith. 

Theobaldes, the 9 of Nouember [1630.] 
My noble and much honoured Lord, — These are to recomend the League to 
be welcomed home by yow as one both hath beene and is desyrous faithfullie 
to keepe it, neither hath lie expressed anie thing by word or deed prejudiciall 
to my Lord Adwocat, as he hath assured me, and I beleeue it, for I find 
nothing to the contrarie. I could wish that dislyk betwix them to be 
remoued, that at lest others might not take notice of it as they do to work 
therevpon to both there disadwantages, and tyme might breed loue and trust 
as either of them found another to deserue. 

I look daylie to heare from yow, and speciallie concerneing the fisheing 
busienesse, and do exspect yourself so shortlie that I will onlie affirme all 
thinges here are as well as yow left them, and so I hope yow shall find at your 
returne, and me, 

Your Lordship's affectionat seruant, 

S. W. Alexander. 

To my noble and much honored lord the Earle of Monteith, Lord President 
of the Priuie Counsell, and one of His Majestie's most honorable Priuie 
Counsell of both Kingdomes. 

131. The Same to the Same. 

Londoun, the 28 of December [1630.] 
My noble and most honoured Lord, — I will not wrong so principall a Bailie 
as not to trust him with more then with the executioun of a verball power, 
though he may stumble forth jointlie for simplie. Some passages expresseing 



118 STATE AND OFFICIAL LETTERS. [1631. 

distractiounes here wherein we haue no interest, may be better deliuered by 
his tongue (as ill as it is,) then by my pen. 

Your Lordship hath the letter about the cognisance, let me heare of it, 
because I will be dowtfull till I heare bak, and if it be not in your handes 
shall find it or another. I must trouble your Lordship with all that concernes 
New Scotland and my relief, the effectuateing whereof though not more 
willing, may mak me more able to approue myself, 

Your Lordship's entirelie affectionat, 

S. W. Alexander. 

To my noble and much honoured lord my Lord Earle of Monteith, Lord 
President of His Maiestie's most honourable Priuie Counceli 



132. Sir William Alexander, afterwards Earl of Stirling, to William 
seventh Earl of Menteith. 

London, the 27 of Marche [1631.] 
My noble and much honoured Lord, — My colleague your league comes 
home herewith sound and euerie way vnbroken, that is, both within himself 
in that which he professed to others, and from the dangers of others that 
sought his harme, which were sundrie and greate ones ; this made me the 
rather stand to him, because I desyre no other fellow in office, and to count- 
nance him I haue renewed his gift, with the adition of the makeing of 
Shireff Clerkes, with a prouision that it be not prejudicial! to my grantes, 
which he is willing anie way to secure. 

Manie here professe much to yow and me, but it is good to haue a care 
of ourselfes, they laugh well at the diuision of officers whom they repute in 
regard of them of the inferiour sort, and our strength will be to keep them 



1631.] SIR WILLIAM ALEXANDER, SECRETARY OF STATE. 119 

togitker. I must entreate your Lordship to settle thinges so betwix my 
collegue and my Lord Adwocat that till they vnderstand other better, at 
least all cause of publick jarres be remoued. I know your Lordship may 
dispose of both, and shall euer comand, 

Your Lordship's affectionat seruant, 

S. W. Alexander. 

To my noble and much honoured lord my Lord Earle of Monteith, Lord Pre- 
sident of his Maiestie's most honourable Priuie Councell, etc. 

133. The Same to the Countess of Menteith. 

London, the 25 of May [1631.] 

My noble and much honoured Ladie, — These are onlie to remember my 

humble dutie vnto yow, and to let yow know that my Lord, your husband, is 

in good health, and hath gote fywe hundreth poundes sterling in pension 

from his Maiestie, whose respect towards him, sundrie wayes expressed, doth 

deserue the vttermost that his abilities can contribute to his seruice, whereof 

his Maiestie is verie confident, as I know he hath reason, as I hope yow will 

heare from my Lord at his returne, which I hope shall be shortlie, and I sail 

euer be, 

Your Ladyship's most affectionat to serue yow, 

S. W. Alexander. 
To my noble and much honoured ladie my Ladie Countesse of Monteith. 

134. The Same to William seventh Earl of Menteith. 

Portsmouth, the 16 of August [1631.] 
My noble and verie good Lord, — I receaued your letters vpon Sonday the 
tenth of this instant after diner, and togither with these that came from the 



120 STATE AND OFFICIAL LETTERS. [1631. 

Councell I presented them immediatlie to his Maiestie, who reade the 
Councell's letter first, and did dislyke that part thereof that there should a 
Conuention be called to gett monie for defraying his journey to Scotland, 
sayeing now since he had tyme he wold find it by another meanes, and not 
giue his subjectes cause to distrust his comeing, as he thought they might do 
if the taxatioun were granted, where his onlie desyre is to be there in person 
for the settleing of his affaires. I finding him so disposed wold vrge no 
ansuer at that tyme, but wished him to conferre with my Lord Chancelor, and 
such others of his Councell as he thought fitt. Neither was his Maiestie 
pleased that the pensioners should joyne with the Officers of the State to 
borrow the monie which your Lordship knowes was offred him by another 
meanes, and he caused me write for the Treasurer Deputie to come bak 
from London to Court as, I think, for that purpose. I shew his Maiestie 
how I vnderstoode by the last packet that vpon the first meeteing of the 
Comissioners, the annuitie was granted to be payed this yeare, and a course 
intended for the valueatiounes. So haueing no further at this tyme till the 
next occasion, and euer I continew, 

Your Lordship's affectionat seruant, 

S. W. Alexander 

There is a letter from his Maiestie to the Marquese of Hamiltoun and 
your Lordship to deale with Monievaird and his frendes for settleing that 
businesse with his competitours, because the Earle of Angus vndertakes that 
they shall haue all reasonable satisfactioun. 

To my noble and verie good lord my Lord Earle of Monteith, Lord President 
of his Maiestie's Priuie Councell, etc. 



1631.] SIS WILLIAM ALEXANDER, SECRETARY OF STATE. 121 



135. Sir William Alexander, afterwards Earl of Stirling, to William 
seventh Earl of Menteith. 

Portsmouth, the 18 of August [1631.] 
Eight honourable and my verie good Lord, — Since the writeing of my other 
letter I receiued your last, whereby yow challenge me of that whereof I had 
more reason to complaine. The troth is, your Lordship, both at your first and 
last being here, haueing vndertaken to deale in that busienesse for me, I re- 
lyed vpon yow, yet wold not be importunat in remembring yow, because I 
think it enough that one know his frendes' intentioun anie way, much more 
from himself, wherein he may pleasure him, and your Lordship told me, a day 
before yow parted, that yow exspected a resolution which should haue satis- 
fied me whateuer it had beene ; and the thing that greeued me was, that 
yow should haue passed the onbe thing wherein I had desyred your help so 
careleslie as to giue me no account thereof before yow went away. This 
I regraited to Archbald Cambell, when he followed yow out of town, and 
appearantlie Lundie, haueing heard it from him, came to excuse the matter to 
me out of his loue, and I was so far from speakeing of it in publick, that euen 
from him I couered my discontent as much as I could, and desyred him to 
assure yow, although it greeued me, yet it should not anie way lessen my loue 
to yow, and, since I who suffer haue disgested it, yow haue more reason to do it. 

As for that which your Lordship hath comitted to me concerneing his 
Maiestie's seruice, which I presentlie receaued now at ten a'clock at night, 
when my packet was readie to part, I sail giue yow a good account of it by 
the next packet. 

I was some that your Lordship joyned with the rest in that letter which 
desyred the pensioners to joyne surties with the officers, because yow had 
freelie yeelded to bind of before ; but I excused it the best I could, and yow 

Q 



122 STATE AND OFFICIAL LETTERS. [1631. 

shall do well to help it hereafter. So assureing yow that I will onlie reuenge 
myself of that carelesenesse of yours for me by being diligent for yow, I rest, 
Your Lordship's affectionatlie bent to serue yow, 

S. W. Alexander. 

To the right honourable and my verie good lord my Lord Earle of Monteith, 
Lord President of the Councell, etc. 

136. Henry Alexander, third son of Sir William Alexander, and afterwards 
third Earl of Stirling, to William seventh Earl of Menteith. 

Woodstock, the 22 of August 1631. 
My most noble Lord, — According to your Lordship's direction, I deliuered 
your letter to his Maiestie, whiche hauing read, he signed that of Glenalmond ; 
the other, concerning Duffus, he refused, as I perceaued he thought directlie 
that the Earle of Morray should surrender what right he had vnto him, hot 
he commanded me to draw vp this letter whiche I send you herewith for 
satisfieing of your Lordship. I haue lykwise sent your Lordship that letter 
to my Lord of Traquaire according to your command. The busines betweene 
Eoxburghe and Buckleughe and Francis Stewart is ended, hot his Maiestie 
hath locked vp the decreet in his owne cabinet, whiche he will not show vnto 
any vntill suche tyme as the rentalls be valued, for auoyding of partialitie. I 
haue directed this pacquet vnto your Lordship onlie because I could not con- 
venientlie send two, according to your Lordship's command. Your seruant, 
Mr. Henrie Drummond, will acquent yow with the reason of the long soumes 
and with the particulars heire. I rest, 

Your Lordship's most humble seruitor, 

Henrie Alexander. 

[Secretar Alexander's letter to the Earl of Monteith. 1631.] 



1631.] 



SIR THOMAS HOPE, LORD ADVOCATE. 



123 



137. Sir Thomas Hope, Lord Advocate, to William seventh Earl of 
Mentetth, now Earl of Stratherne. 

Edinburgh, 5th November 1631. 
Pleass your Lordship, — The Commission mett on Weddinsday, 2d November ; 
butt becaus thair wes none of the clergie thair it desertit ; and immediatlie 
the Counsel mett, quhair ordour wes gevin for wryting to the Bischoppes, 
and with it letteris to charge tham to compeir befoir the Counsell vpon 
23 November, to answer anent thair neglect in not attending the Commissioun, 
and publick intirnatioun made to the haill remanent Estates of the Commis- 
sioun, burows, gentrie, and nobilmen to attend vpon the said 23 November ; 
and thairfoir I wische that suche thingis as zour Lordship hes to pu[tt vpon] 
the Commissioun may be sent doun befoir that [date]. The Chancellor is not 
zit come from St. Jonstoun, butt [he is] expectit this nycht or on Mononday. 

I liaif hard from France that zour Lordship's brother, the Laird of Lundy 
is in Angeris, and in good helth. I mett heir zesterday with the Erl of 
Nithisdaill, quho complenis heavilie anent the brek of the bordouris, and 
layis all the wytt on the frequent advocatiounis grantit for staying of the 
proceding of the Commissioneris thair, quhilk he thinkis zour Lordship sould 
sie to. 

Zour Lordship's nobill Lady and all the barnis ar in good helth, praysit 
be God, but her Ladyship delayis to wrytt till the Maister of Stirling ta,k 
journey, quhilk he intends to do on Twysday nixt. 

I am almost faynting in langour for word from zour Lordship tuiching 
my sone ; but the confidence of your Lordship's fauor keipis me in lyff, quhilk 
I haif devotit to zour Lordship's seruice, and so sail live and die, 
Your Lordship's humbill and faythful seruitor, 

S R Thomas Hope. 



124 



STATE AND OFFICIAL LETTERS. 



[1631. 



I humblie intreit zour Lordship to remember to send bak the renunciatioun 
for the Erl of Perth. 

To the rycht nobill and michtie erll the Erll of Stratherne, Lord President of 
Counsell, and one of His Maiestie's Privie Counsel of Ingland. 



138. Sir Thomas Hope, Lord Advocate, to William seventh Earl of 
Menteith, now Earl of Stratherne. 

Edinburgh,. 8th November 1631. 
Pleass your Lordship, — I haif litill or nothing to'adde to that quhilk I sent 
with William Eamsay, seruitor to Sir Alexander Home, on 5 November, onlie 
becaus the Maister of Stirling, the berar hereof, comes vp to zour Lordship, I 
could not send him emptie, but lies writtin thir lynes to.schewe my obedience 
in obeying zour Lordship's commands to neglectino tyrne .or occasioun of 
wryting, and the Maister caries with him letteris from zour ! nobill lady, 
quhairby, and from the, Maister, zour Lordship may know of' hir Ladyship's 
good helth. 

s The Chancellor is not zit come, but is expectit heir on Thursday, at 
quhilk tyme I sail present the charter of the fisching to the Counsell, and if 
thai allow tharoff, or addis or pares ony thing thairin, I sail acquaint your 
Lordship thairof with all diligence, for so I did promise to Lis sacred Majestie 
in my letter (quhairin the signator of fisching ,wes,) sent vp with my Lord 
Vicount of Stirling, and I wische that, befoir the sending thairof, I may heir 
from zour Lordship tuiching my sone, that, vnica opera, I may both acquent 
his Majestie with the Counsellis judgement, and als gif humbill thanks to his 
sacred Majestie for the mark of his fauour to my sone, and may thairwith 
testifie my humbill gratitude and thankfulnes to zour Lordship, be quhois 




S I li T Mil M A S II II I' V. 




o m<je#~i5>i7'^ 




.. ■ . . . 



1631] SIB THOMAS HOPE, LOBD ADVOCATE. 125 

credit and kyndnes his Majestie lies beine pleisit to prefer my sone, quhilk 
zour Lordship sail find alsweill bestowit as ever zour Lordship did benefit 
and respect vpon any of zour Lordship's freindis or servandis. And it sal be 
no litill prase to zour Lordship, ather in zour credit or affectioun, that zour 
Lordship dois prefer zour tyine about thes quho depends on zour Lordship as 
my Lord Chancellor did, Innerpeffer and Fotherance ; and if my sone be not 
degenerat, he will stryff to expres his humbile seruice and affectioun to zour 
Lordship alsmuche as any of thaim to thair promover ; and if this can adde 
anything to the fyre of my former zeill to zour Lordship's service (quhairof 
the world takis notice,) I will stryff to do so in that trewth and simplicitie 
quhilk becomes me, quho am, 

Zour Lordship's hum bill and faythfull seruitor, 

S R Thomas Hope. 

To the rycht nobill and michtie erll my Lord the Erll of Stratherne, Lord Pre- 
sident of Counsell, and one of His Majestie's Honorabill Privie Counsell 
of Ingland. 

139. The Same to the Same. 

Edinburgh, 10th November 1631. 
Pleass your Loedship, — The Chancellor come to Edinburgh vpon the 9 of 
November, and vpon the tent, being the Counsell dyet, I causit the signator 
of the fischingis with the Committe to be red in presence off Counsell, quho 
lies allowit tharoff, without adding or paring, and I haif writtin ane letter to 
his Maiestie acquainting his Maiestie thairwith, becaus I promisit so to doo, 
in that quhilk I sent to his Maiestie with the signators. 

I did never sie zour nobill Lady so greivit and offendit as I land hir 
Ladyship this efternone quhen I went to Counsell, and the caus of hir Lady- 



126 



STATE AND OFFICIAL LETTERS. 



[1631. 



ship's offense wes, that scho expectit from the Chancellor xxij m merks for pay- 
ment of the Erl of Perth ; and my Lord Chancellor excussis himself that he 
nather had so muche money of the taxationnes, nor did promise to pay it at 
this terme ; and albeit he had the money, zit conld he not pay it without ane 
speciall warrand from his Maiestie, in respect of that letter, quhairhy he wes 
ordainit to ansuer no preceptis be ressoun of his Maiestie's purpose to come 
to Scotland this nixt spring. And my Lady being in this sort disappointit, 
wes the more greivit be ressoun of the Erl of Perth his coming to toun yes- 
ternycht, quho expectis present payment of his haill moneyis, butt, with Godis 
grace, we sail find a way to haif the Erl of Perth contentit in his haill soumes 
at this terme ; onlie zour Lordship hes to sie and provyd for more certain e 
and assurit payment of zour Lordship's precept betuix and Witsonday, 
that the moneyis quhilk ar to be liftit now may be sattisfeit at the nixt 
terme. 

I nather dar nor will speik anything concerning my sone, becaus I am 
persuadit of zour Lordship's cair and ernest desyr to haif it going weil ; onlie 
I entreit zour Lordship that, if any rub occurre, zour Lordship will lay it af 
till I be aduertisit ; butt I trust I sal not be putt to this strait, notwithstand- 
ing I heir that the Eischop of Sanct Androis is vrging extremlie for his 
Comiser, Mr. James Weymes, quho of all theis that ar namit competitors is 
the most vnworthy, and so hardlie reportit of quhair he lives, that it wer ane 
miserie and danger to that sait to haif suche a pest and fyrebrand plantit into 
it, and it wer better to the Sessioun or subiectis to pay the bodische quhilk 
is dew to the Bischop for admissioun of ane new Commissar, (if this man quho 
is Comiser wer promovit,) nor to suffer suche a one to haif futting in that 
supreme saitt. Butt I cease to insist, knawing that the rumor of his pre- 
ferring to the place is but fals and forgit, and will rest vpon zour Lordship's 
fauor and kyndnes, for the quhilk and all vther zour Lordship's beneficencis 



1631.] 



SIB THOMAS HOPE, LORD ADVOCATE. 



127 



I acknawlege myself zour Lordship's humbill debtor and seruitor, and sal 
sa ever remayne, 

Zour Lordship's humbill and bund seruitor to deith, 

S E Thomas Hope. 

I humblie intreit zour Lordship to remember the warrand for the annuitie, 
quhilk I sent vp with zour Lordship, quhilk is for modefeing the samyn in 
inferior bollis ; becaus vpon the delay thairof, the ingathering of the ammitie 
is impeschit, aud I half tuichit this agane in my letter writtin to his Maiestie 
anent the fisching bussines. 

To the rycht noble and michtie erll the Erll of Stratherne, Lord President of 
Couiisell, and one of His Maiestie's Honorabill Privie Counsel! of Ingland. 



140. Sir Thomas Hope, Lord Advocate, to William seventh Earl of 
Menteith, now Earl of Stratherne. 

Edinburgh, 11 November 1631. 
Pleass your Lordship, — I wreit zesterday the trew historie anent the 22™ 
merks as it past betuix zour nobill lady and my Lord Chancellor, but now 
the bussiness seymes to inclyne to sum better course, for my Lady in greit 
wisdome did try that thair wes x™ lb. to [be] payit at this terme to my Lord 
Chancellor be the Toun of Edinburgh for their taxatioun, quhairupon hir 
Ladyship went and desyrit of my Lord Chancellor that scho mycht haif that 
x'!' lb., quhilk he wes loth to grant, and pretendit that he could not do it 
without consent of the Thesaurer, and then my Lady desyrit that her Ladyship 
mycht haif it as lent money to the nixt terme, to the quhilk the Chancellor 
hes aggreit, and that vpon this conditioun, that if the Thesaurer consent that 
it be payit to zour Lordship, the band of borowit money sal be null, and so be 



128 STATE AND OFFICIAL LETTERS. [1631. 

this conipt thair is xxx™ lb. made vp to the Eii of Perth, and thair restis 
behind vij™ merks, quhilk I haif movit the Eii of Perth to continew to 
AVitsonday nixt. And so the matter of Drumond is finischit ; and I wische 
that I may heir of the lyk good success of my sone's bussines, quhilk dois not 
a litill perturb my mynd tilL I heir thairanent from zour Lordship. But I 
haif so fully resoluit to rest vpon zour Lordship's fauor and kyndnes that 
nothing is abill, (albeit the bruittis goes very crocelie,) to mak me affray it 
als long as T haif zour Lordship to lean to. So, with my lmmbill seruice, 
I rest, 

Your Lordship's lmmbill and faythfull seruitor, 

S R Thomas Hope. 

I expect the Erl of Perth his renunciatioun, for all is endit in Drumond, that 
being sent bak. 

My Lord. — Befoir the cloising heirof, I ressauit zour Lordship's of 30 October 
at this instant, and findis nothing in it that contentis me saif zour Lordship's 
good helth, and the grouth and incresce of zour Lordship's credit with his 
Maiestie, quhairof I humblie crave the continuance, and wisches that I may 
find the prove thairof in my sone's particular, and if the matters go amisse, it 
wil be my gretest greiff that, being brocht in stage and competitioun with men 
in quhom zour Lordship hes not that entres, as zour Lordship hes in me, zit 
they sal prevail, and I be repulsit with contempt and ignominie, butt to this 
thair accedis ane farther, (if the report hold, that Sir John Scott cary it.) 
quhat insupportabill discredit, that one quho iustlie may expect zour wrath 
for his follies sal be preferrit, — ane insult both vpon zour Lordship and me, 
quhom he hates for zour Lordship's caus. Butt, my Lord, I will neuer beleve 
till I sie it, that zour Lordship will suffer ather Sir John Scott or Mr. James 
Weymes to possesse that place, except zour Lordship be forcit be ane more 



1631.] SIR THOMAS HOPE, LORD ADVOCATE. 129 

powerfull credit nor zour awin, quhilk the world will never beleive ; but 
geving suche misfortun did require that theis sould come in lite, zit do but 
this for me, to gett my sone litit with thaim, and I will accompt it alsmuche 
as if he had gotten it absolutlie, and if thai cary it heir, latt the blame lye on 
me, and if it be caryit this way, zour Lordship reteanis zour honor, quhilk 
cannot eschew the misconstructioun of men, if suche as ze haif ressoun to 
hate prevail! and I cannot compleine of my freindis' cair being putt to the 
tryell of worth quhilk is iust and ressonabill. 

To the rycht nobill and michtie erll my Lord the Erl of Strathern, Lord Pre- 
sident of Counsel, and one of His Maiestie's honorabill Privy Counsell off 
Ingland. 

141. Sir Thomas Hope, Lord Advocate, to William seventh Earl of 
Menteith, now Earl of Stratherne. 

Edinburgh, 12th November 1631. 
Pleass zour Lordship, — I writ zesternycht, vpon the ressaitt of zour Lord- 
ship's and sum vtheris from my freindis, that postscript in the greit greif of 
my mynd, not being habill to indure that one of theis two mentionat in my 
postscript sould be preferrit to that place, and leist zour Lordship sould think 
that I did it raschelie, I did this day schaw my warrand (from one of greit 
worth, quhom I dar not distrust,) to zour nobill Lady, quho mervaillis als 
mekill as I, and more, that one quho is zour Lordship's professit vnfreind 
sould haif suche liklihode to the place, as that letter writtin to me beris. Butt, 
my Lord, quhen I haif callit my mynd to ane satlit posture, and consideris 
how thingis may be caryit in the swey of Court, and thairwith ponderis both 
zour Lordship's honor and credit in the bussines, and my entres for mj sone, 
I am resoluit rather or zour Lordship suffer in the meanest point of zour 

R 



130 STATE AND OFFICIAL LETTERS. [1631. 



Lordship's honor and contentment, to quit and abdicat all entres and respect 
for my sone ; and thairfoir, if zour Lordship find my sone's preferment to the 
place not faisabill, nor zit can haif him putt in lite with vtheris, I humblie 
request for two thingis : (1.) That zour Lordship haif ane cair of the publik, 
and sie the place fillit with men of good report and frie of blemisches, of quhilk 
sort I do think nather Mr. Ja. Weymes nor Mr. John Cant sal be fund 
altogither frie, but suche as the Lard of JSTutoun, quha is ane gentirman of 
knauledge and conscience, and weill esteimit of in the countrey, or Mr. John 
Rollok, Comiser of Dumblane, quho is as old an practitioner as Mr. Andro 
Aytoun, and weill affectit to his Maiestie's seruice ; (2.) That zour Lordship 
haif ane can: of zour Lordship's awin credit, that suche come not in quho lies 
kythit thamselfis factiouslie disposit againis zour Lordship, suche as Sir John 
Scott ; but that thay be sik as may acknaulege thair preferment to come 
from zour Lordship ; and for me, albeit I sould suffer be the repulse, zit 
having zour Lordship's fauor, and being persuaded, as I am fully, of zour 
Lordship's ernest cair to prefer my sone, I sail beir it willinglie, and hyde my 
disgrace the best I can, and the better that zour Lordship's ennemies dois not 
prevaill to the tasche of zour Lordship's honor, nor ill men preferrit to the 
preiudice of the publik. 

And this is my humbill and trew resolutioune in the bussines, but ever 
reserving the promise of zour Lordship's fauor if it can be caryit to my sone, 
quhilk I humblie and hartlie crave of zour Lordship, if it be possibill, as the 
reward of all my bygane services, and the incouragement to me to continue 
thairin Math that hilaritie and fredome of mynd and spirit quhilk becomes 
ane honest and thankfull hart ; and beleve me, my Lord, if zour Lordship wer 
sett in the middis of my hart and saw the greif and perplexitie quhilk I 
indure out of the feir of a repulse, zour Lordship wald travaill to redeime me 
from it, and be loth to suffer my spirit to ludge in suche bitternes. But I 



1631.] SIB THOMAS HOPE, LORD ADVOCATE. 131 

committ all to the Lord, and dois hartlie prefer zour Lordship's honor and the 
publik good to my particular ; but that being preferrit, I sal never willinglie 
give place to any man that comes in be particular. 

And that zour Lordship may haif occasioun to insist with his Maiestie 
the more ernestlie for me, I haif writtin this vther, quhairof zour Lordship 
may mak vse, if zour Lordship think good, be reiding of the samyn to his 
Maiestie ; and quhen all is done that can be done, I rest vpon Godis proui- 
dence and reinittis the success to the Lord. 

I writ in my letter of ii November anent the x m lb. qnhilk zour nobill 
Lady is constraynit to borow from my Lord Chancellor, and becaus bir Lady- 
ship is bund to repay it if scho dois not report the Thesaurer his discharge to 
the Chancellor, and zour Lordship's discharge to the Thesaurer on the ressait 
of the soume. Thairfoir I haif sent herwith the forme of the discharge to be 
subscriuit be the Thesaurer to the Chancellor, and the discharge to be sub- 
scriuit be zoiu' Lordship to the Thesaurer, and siclyk, becaus the gretest 
scrupill made be the Chancellor wes the warrandis gevin for preserving the 
moneyes of the taxationn for his Maiestie's vse at his coming to Scotland, 
thairfoir I haif sent vp an warrand to be signed be his Maiestie for payment 
of the restis of zour Lordship's preceptis of viii? lb. Stirling ; and last becaus 
the Erll of Perth must be secured in the od vii m merks, thairfoir I haif sent vp 
a band thairof, quhilk zour Lordship must subscryve and returne with dili- 
gence. My Lord, as ze wald wische me to live zour faythfull servant in sum 
peice of credit, haif an cair of this bussines for my sone, and I sail ever be, 
Your Lordship's humbill and faythfull seruitor, 

S n Thomas Hope. 

To the rycht nobill and michtie erll the Erll of Strathern, Lord President of 
Counsell, and one of His Maiestie's honorabill Privey Counsel of Ingland. 



132 STATE AND OFFICIAL LETTERS. [1631. 

142. Sir Thomas Hope, Lord Advocate, to William seventh Earl of 
Menteith, now Earl of Stratherne. 

Edinburgh, 19th November 1631. 
My nobill Lord, — Pleass zour Lordship, I ressauit zour Lordship's two 
letteris from Mr. Hary on 17 November, and acquaint the Counsell that 
samyn day with his Maiestie's plesur aneiit the signatour of fisching, quho 
wold gif me no advise, but permittit me to the dewtie of obedience, according 
to the quhilk I haif drawin vp ane commoun signatour of the fisching of both 
Kingdoms, and ane Committee ansuerabill thairto, quhilkis both I haif sent 
heirwith to zour Lordship, and I haif, be speciall knauledge of the Counsell, 
designit his Maiestie King of Scotland, Ingland, and Irland, geving to Scot- 
land the first place, at quhilk the Counsell desyris zour Lordsbip and rema- 
nent Commissioners to stand, and lives it to zour Lordship's consideratioun to 
imbrace the stil of Greit Britane, if it be vrgit be the Inglische. 

I am exciding glaid of the good success of the matter of the Commissioun 
of Teinds, and intreits zour Lordship humblie to send doun the warrand for 
the anuitie quhilk is too long delayit. 

Zour Lordship blames me far wry ting vnto too many in my sone's 
bussines, but, my Lord, beleive me quhosoeuer he wes that made that report 
quhairof I haif inquyrit, Mr. Hary is an fals jugler and Iyer ; for to that man 
did I not wrytt at all this two zeris bygane, except one sent by Sir Eobert 
Gordoun, quhilk wes anent the questioun with D. A., quhairin he hes entres 
to ask if he wald continue, and I trust zour Lordship will not think that this 
wes follie to sett one brasyn face againis ane other. 

Butt, my Lord, to gif zour Lordship greter satisfactioun, and thairwith to 
insinuat the consideratioun quhilk I haif of zour Lordship's fauor to my sone, 
I did wrytt to none befoir zour Lordship went vp, but to sik as I told zour 



1631.] SIR THOMAS HOPE, LORD ADVOCATE. 133 



Lordship of, and all I wreit wes to keip the bussines Me till zour Lordship's 
coming, and to witness this I haif zour letteris bering that thai haif actit thair 
part, and that the rest lyis on zour Lordship. 

I heir the bussines drawis on thrie, Sir J. Scott, Mr. John Hay, and my 
sone ; for Sir John Scott, he is Counseller, he is on Exchekker, he is Director 
of the Chancellary, and his sone is provydit to this place efter him, quhilk 
may weill content him, for lie is better stockit nor vther thrie ; and, in good 
faith, I scarcely think him worthy of the additioun of the Sessioun, (geving it 
wer compatibill in the persoun of ane Counsellour, as it is nott,) quho in oppin 
Counsell presumit to iniure zour Lordship, and, in oppin Exchekker, raillit on 
me for being to bussie in his Maiestie's seruice, quhairof I writt to Mr. Max- 
uell, and for his caus sparit to wrytt to his Maiestie, quhairof now I repent. 

As to Mr. John Hay, he is ane worthy man, and I can gif place to him 
in all thingis, except in zour Lordship's affectioun, quhairin I sal never cede 
to him quhile I breath ; and, my Lord, pardoun me to say and offend not, for 
quhat now I writ in the words of ane greffit and oppressit hart. I followit 
zour Lordship befoir him, and at my entrie I followit not zour Lordship's for- 
toun, but zour persoun and generous vertewis, and since my entrie, I haif 
servit zour Lordship with simplicitie of hart, paynefull labores, and almaist 
with implicit obedience ; and if, during my tynie, I haif walkit vndewtifully, 
or lies errit in the leist point of zour commandementis, cast me of ; butt if I 
haif beine faythfull, and for zour caus (nixt to my sacred Souerane) vnder- 
gone the malice, invy, hatred, offense, and despyt of great ones, quhairof zit 
I beir the markis, my Lord putt nott Mr. John Hay (quhom I think a new 
intrant in respect of me) in balance, vtherwais my hart will brek and burst, 
and the daye quhairin he sal haif power to swey zour Lordship's mynd to 
prefer him with disgrace or neglect to me and my sone, latt it be comptit the 
last of my dayis, and lett my portioun be in gall and bitternes quhil they end, 



134 STATE AND OFFICIAL LETTERS. [1631. 



and the Lord lay it not to zour charge if ze sal be the author and causer of it ; 
and God send zour Lordship many good and faythfull servandis, and this I 
wrytt with ane sad hart and watterit eyis, quhil my spirit, not abill to beir 
the awin greiff, exoneres the self in suche tokenis of sorow quhilk ar not 
worthy of .my age, place, nor conditioun ; and I attest to zour Lordship that 
albeit the sense of my repulse (if it sould fall out,) wald rent my hart, zit I 
haif no less, or rather greter, greiff for the opinioun and misconstructioun 
quhilk the world wald haif of zour Lordship, and for the heavy inrputatioun 
quhilk wald lye vpon zour Lordship's honor and credit, quhairin, thoch I 
sould force my spirit to digest my iniurie, zit I knaw be the bigginings, quhilk 
ar already on futt, the world wald never dispense with it, but spreid rumoris 
and bruittis quheirof my hairt wald be exciding soroufull, for thai know my 
faythfull seruice and dependance on zour Lordship, and I myself, out of my 
greit confidence, lies divulgit zour Lordship's promis to me in fauores of my 
sone, confirmitt be zour Lordship's oath, quhilk I haif beine forcit to reiterat 
to ane number that brocht to me reportis of Mr. John Hay his secret working, 
quhilk I wald not beleive, but affirmit to be fals, and in forme of persuasioun 
signifiet my assurance quhilk I had by ressoun of zour Lordship's promise ; 
and as to Mr. John Hay, he lies vsit me very vnkyndlie, (that I say not wors,) 
for I impertit my purpose to him. I vsit him as ane solister for me to zour 
nobill Lady, not to vrge for the L of Nutoun at this tyme, quhilk hir Lady- 
ship grantit, and quhilk Mr. John Hay reportit to me, and quhen the bruitt 
increscit concerning him, I posit him in my awin chamber, quhair, be his oath, 
lie suore that he had not delt, nor wes myndit to deill, nather be himself nor 
na vtheris, but if his Maiestie did lay it on him, he knew nott how he could 
excuse himself. To quhilk I anserit, that he sould not speik so to me, for no 
man wold beleve that his Maiestie will vrge any, if his Maiestie be not spokin 
befoir ; and then I cravit that if his Maiestie did vr^e him, he wald vse all 



1631.] SIR THOMAS HOPE, LORD ADVOCATE. 135 



laufull and discreit meanns to schift the scor quhilk he promisit to me, and 
quhilk he will not refuse. And thir ar the circumstances quhilk nurischis 
and increscis my greffe, quhilk wold not faill to ahsorbe me if I did not rest 
vpon zour Lordship's fauor, and vpon that passage of zour Lordship's last 
letter, quhairin zour Lordship promissis to do that quhilk becomes ane reall 
and faythfull freind, for I am fully persuadit of the generous and nobill sin- 
ceritie of zour trew hart, quhilk may weill be brought be importunitie for a 
tynie, but in end ever resoluis vpon the honor of zour promise, quhilk is ane 
point and center inviolabill fixit in the middis of all circumferences, quhilk 
no importunity or vther respect quhatsumeuer can ourcome, and heir I rest 
tanquam in sacra anchora, and sail never beleve nor expect the contrair, lett 
men say or speik quhat thai will. 

Zour Lordship wryttis in zour postscript (doo not beleve every man 
quho calks himself a greit courtier,) quhairin I mai humblie expostalat with 
zour Lordship for wryting this to me, as if I had leynit to any courtier in this 
particular or any vther concerning me but zour Lordship's self. For as I am 
honest, (and I spek trewth in simplicitie,) I did nather trust nor imploy any 
but be zour Lordship's knaulege, and thois quhom I imployit had no vther 
desyr from me but to keip the matter frie to zour Lordship's coming. 

The Bischop of Sanctandrois wrott a letter to me exhorting me to 
patience and equinimitie if my sone's bussines sould not succecl, and I suspect 
fra quhat airth that wind blowis, but I naif ansserit Mm be this inclosit 
peremptoiiie, qiihilk I humblie intreit zour Lordship to caus be delyuerit to 
him. 

And becaus this bussines holdis me at the quick, and I wold vse all 
lauful meanis to hold aff extremities, thairfoir I haif wrettin ane letter to Mr. 
John Hay, quhilk I haif left vnclosit, quhilk zour Lordship may reid and close 
and caus gif to him, and, if zour Lordship thinkis fitt, that for Mr. John his 



13G STATE AND OFFICIAL LETTERS. [1631. 

entries, I sal gif him any contentment zour Lordship sal haif pouer to 
command me, vtherwais if he standis out, I crave only zour Lordship's fauor, 
and if he caryis it hy and without zour Lordship's assistance I must beir it, 
butt it may be he sal not mak greit ruse of it quhen he lies gottin it, and 
albeit my helth be not verie good, zit I sal creip vpon my kneis to my maister 
to latt his Maiestie know in quhat sort he hes vsit me. But I wische from 
my hart that he do accommodat himself with greter respect and kyndnes to 
me nor to force me to such extremities, for I love and honour him, and wold 
ernestlie intercary his love if he wald absteine to prye vpon me at this tyme. 
Butt I committ all to the providence of my God cjuho will maynteine my lott, 
and gif me wisdoum and grace with strenth and courage to vndergo my 
statioun and charge without schame or discredit. So with my humbill seruice 
to zour Lordship, I rest, 

Your Lordship's humbill and bund seruitor, 

S E Thomas Hope. 

To the rycht nobill and michtie erll the Erll of Stratherne, Lord President off 
Counsell, and one of His Maiestie's honorabill Privie Counsel of Ingland. 



143. Sir Thomas Hope, Lokd Advocate, to the Countess of Stkatherne. 

Edinburgh, 21st November 1631. 
Madame, — The rumoris gois so crocelie in this matter of the Sessioun that I 
knaw not quhair to turne myselfe, and if I beleive reportis I am miserablie 
gullit ; for sum sayis Sir John Scot will cary it, quhilk is not possibill, if my 
Lord, zour husband, haif that place and power with his Maiestie quhilk I 
know he hes ; vtheris sayis Mr. John Hay hes gottin it already, and zit he 
suore to me that he nather had delt for it nor wes to deill, and if his Maiestie 
laid on him he wald schvne it als far as he could without his Maiestie's offense, 



1631.] SIR THOMAS HOPE, LORD ADVOCATE. 137 

and I am sure he is not abill to cary it, but ather by my Lord's power or 
connivence, and his Maiestie is not in vse to force places vpon men. But to 
quhilk of tham the matter inclyne, I sie nothing carvit for me but ludibrie 
and contempt, and quhilk greivis me more, the publick aspersioun vpon zour 
deir Lord and husband for deserting me, his faythfull but vnworthie servand, 
in a matter quhairin I had, and hes, his Lordship's solemne promise, with ane 
strait command not to middill nor deill with any till his Lordship's coming 
to Court, quhilk I obeyit and kepit the bussines fair and frie till his Lord- 
ship's presence ; and if now, quhen my plicht anchor is present, my sillie bark 
sal be schakin with the stormes of oppositioun and suffer schipwrak, with the 
inestimabill loss of schame and discredit, is it possibill that my Lord, in 
quhom I trust, can eschew the heavy censure and opinioun off the world, quho 
knowis my humbill and faythfull seruices? But, Madam, zour Ladyship hes 
commandit me not to beleve reportis, and my confidence in my Lord is sik 
that I had rather chose to die nor to fasten any dishonorabill blott vpon my 
Lord his true and nobill spirit, and, thairfoir, I will zit wait for the fruitt of 
his Lordship's promisit love and kyndnes, quhilk wil be the more deir to me 
that it comes eftir thir terribillthunderis, and will both publische to the world 
the greitnes of my Lord's credit with his Maiestie, his wisdome in suffering 
his vnfrends to schut thair foole's bolt, and his cair to advance his servands, 
quhilk is the only meanis to mak my Lord both greit and good and hartilie 
beloued be his followeris, and als muche feirit be his foes. And for zour Lady- 
ship's fauor schawin alredy to me in this perticvdar, quhilk dois als far exceid 
my merit as it dois expres zour Ladyship's kyndnes in reiving of zour worthie 
and nobill brother-in-law for my caus, quhilk I sail never forgett. but sal 
ever rest, 

Your Ladyship's humbill and faythfull servitour, 

S R Thomas Hope. 
s 



138 STATE AND OFFICIAL LETTERS. [1631. 



Madame, if the brut hold, and Sir John Scott gett it, zour nobill Lord sufferis 
extremilie, and if Mr. John Hay, I am schamit and cassirit for euer. God send 
me better newis. 

To the rycht nobill countess, the Countess of Streatherne. 



144. Sir Thomas Hope, Lord Advocate, to William seventh Eael of 
Menteith, now Earl of Steatherne. 

Edinburgh, 7th December 1631. 
Pleass zour Lordship, — The Counsell lies advysit the process criminall 
persewit aganis the Lord Ochiltry, with the defensis and ansueris, and hes 
continewit thair interloquator vnto the first of Februar nixt, and in the mean 
tyme hes ordanit the process to be sent vp to his Maiestie, and the defensis 
and ansueris, to the effect his Maiestie may be acquaint thairwith, and 
especiallie with this allegance that he had informatioun verball from the Lord 
Raa anent the thrie Erllis of Hadingtoun, Roxburgh, and Buccleugh, and that 
the Lord Eaa and lie wes never confrontit in suche pointis quhairin they wer 
discrepant in thair depositiounis. 

The Committe anent the teindis is not niuche lykit be many of the 
nobillmen, quho thinkis the power too greit quhilk the clergie hes in thair 
estates. Butt for me, if thai go on with diligence to expied the work begun, 
and do nott in the end, as the goat vndoo the samyn, I sal be very glaid to sie 
it advancit ; onlie I wische that zour Lordship sould send doun warrand to 
mak my Lord Traquhair one of tham quho ar adioynit to the Committe to 
attend at plesur, for he is ane officer of estait, and ane nobillman quho lies his 
awin greit entres, and wil tak it ill to be neglectit quhair zour Lordship hes 
the directioun of bussinesse. 



1631.] SIX THOMAS HOPE, LORD ADVOCATE. 139 

My deir Lord, I haif long conflictit with contrail- wynd and tyde in this 
particular of my sone's, and at the ressait of your Lordship's of dait the last 
of November, from my Lord Newabbay, I did think myself far of all trubillis, 
and to haif atteynit to my port, (quhilk, indeid, I gripp as my gretest warrand 
and assurance, having thairin suche expressiounis of your Lordship's fauor as 
my hart can wische ;) and zit I want not contrair informatiounis, quhairof sum 
I schew to zour nobill Lady, quhilk suggestis to me pointis of doubt quhilk I 
sal never questioun ; and thairfoir I do reiect all suche rokkes of offence, and 
castis myself simplie in zour Lordship's handis, trusting zour Lordship will 
mak me so happie as to possesse the frut of zour Lordship's love in this par- 
ticulair, quhilk lies the eyis of all men attending the event, and accordinglie 
carving to me for my lott ather contentment in zour Lordship's fauor, or 
contempt and ignominie in ane opprobrious repulse, quhilk can be no less 
grevous to me nor death. Butt I trust zour Lordship will keip me on lyff to 
zour Lordship's seruice, and be my exampill will incourage vtheris to tred the 
futsteppes of dewtie, obedience, and fidelitie, quhairin I haif beine ever readie 
to approve myself since first I had the honor to be acquaint with zour Lord- 
ship ; and I am sure zour Lordship sal never rew that ze haif putt this mark 
of fauour on me and my sone if God spair my dayis. Butt I sal mak the world 
know how far I resent zour Lordship's fauor and labour to expres my humbill 
thankfulnes in all the faythfull sendees that lyis in the power of him qnho is, 
Your Lordship's humbill and bund seruitor to death, 

S E Thomas Hope. 

To the lycht nobill and michtie erll the Erl of Stratherne, Lord President of 
Counsell, and one of His Maiestie's honorabill Privey Counsell of Ingland. 



140 STATE AND OFFICIAL LETTERS. [1631. 



145. Sir Thomas Hope, Lord Advocate, to the Earl of Stratherne. 

Edinburgh, 22 December 1631. 
Pleass zour Lordship, — I ressauit from the berar, (Garthmore,) zour Lord- 
ship's two letters, on of 12, the vther of 1 4 December, both on 20 December, 
and zour nobill Lady hes already directit his Maiestie's letter to the Arch- 
bischop of Glasgw, quhairof we expect the ansuer with diligence, and quhen 
it returnis, I sal sie the teindis alsweill grantit as the landis. 

As for zour Lordship's expostulatioun, habes confitentem reum, vtere 
iure tuo ; onlie keip me from that feirfull apprehension quhilk be the prefer- 
ring of my rivall, wald zit rent my hart, wer not zour Lordship's former hes 
expellit feir, and ane letter at this tynie from my dere freind the L. of Pan- 
mure hes confirmit my confidence. It is ane eisie work to zour Lordship, lyand 
at zour feit, and far within the compass of zour Lordship's power. It is a 
matter of no greit worth in the self, butt to me als greit as the want of his 
Maiestie's fauor and zour Lordship's, quhilk I beseik God to avert, for I haif 
never, nor sal never, deserve it, and quhat I wrytt I do in the bitternes of my 
supposit greiff, not so muche for myselfe (for I am persuadit my sacred Mais- 
ter will never disfauor me so long as I remayne faythfull and honest, and I 
haif the lyk assurance of zour Lordship's respect and frendship.) Butt in the 
opinioun of the world I sal be a cassirit, contemnit, and disgracit man, spe- 
cialle now quhen the good Bischop of Murray hes addit a tinctour of his 
venemous tong to murther my fame, quhilk is the lyff of my lyff vnder trust, 
with quhom I wes loth to be reconcileit at his parting, if zour Lordship's 
command had not takin from me my awin libertie. But behold the effectis 
of a Bischopis peax. 

And as to that quhilk he informes againis me, it is an iniust and 
divilische calumnie, quhilk if he prove, latt my place, my lyff, and my estate 



1631.] SIS THOMAS HOPE, LORD ADVOCATE. HI 

go all at ones, (for it is too litill if it wer trew,) to expiat so foule, so odious 
and detestabill prevaricatioun ; and, blissit be the Lord, my former lyff and 
present cariage dois vindicat and frie me, als muche and more of that cryme, 
nor the Bischop can frie himself of symonie, quhilk is ane irregularitie more 
incident to him, nor is infidelity to my charge. 

But I humblie crave of my sacred Souerane that his Maiestie wald be 
pleasit to putt the matter to tryell, and not to suffer it lye deid, with so heavy 
a burdine to my honest name, quhilk wes never reprochit of befoir ; and if he 
prove, I refuse not the doome of lose of place, lyff, and landis, latt it be as 
treasoun to me ; and if he sucumb, latt him be frie of all payne, except 
infamie. 

And quhair zour Lordship desyres me to wrytt how far I went with the 
Erl of Merschell in that bussines, I haif set doun the trew estate of my pro- 
ceding thairin, and thairwith hes sent the copie of the disputt before the 
Lords, vnder the subscriptiouu of Mr. Alexander Gibsoun, Clerk of Process, 
by quhilk my fidelitie in impugning both the Bischoppis surreptitious clame 
of that patronage, and the Erl of Merschell his pretendit infeftment thairoff, is 
cleir and manifest, quhilkis I humblie desyr zour Lordship to schaw to his 
Maiestie, and if thair be ane sillab vntrew of that quhilk is written, latt me 
suffer for it, for I wrytt to zour Lordship the trewth (in the sycht of God, 
quhom I feir, and quho sail approve me in the last day,) that I never ressauit 
bryb from the Erl Merschell for that nor no vther caus, except ze will accompt 
it ane bryb to ressaue fra him or any vther nobillman the ordinary acknau- 
legement for my travaillis, at consultatiouns, being his ordinary aduocat, as 
vtheris aduocattis dois, and no vtherwais. Butt to assist him againis his 
Maiestie's rycht I never ressauit fra him ane halfpennie, but be the contrair, 
expressit in presence of his servandis, and all quho wes at the consultatioun, 
that I wald be as vehement aganis him and his rycht, as againis the Bischoppis 



142 STATE AND OFFICIAL LETTERS. [1631. 

elame, quhilk I declarit in presence of the Lordes, and practisit be oppugning 
his infeftment, as the minuttis beris. 

And this I wrytt for zour Lordship's satisfactioun, but not to be takin 
for trew or fals till the event of the Bischopis prove ather frie me or fyle me, 
and I agane humblie entreit his sacred Maiestie that the Bischop be putt to 
his prove, seing it is the slauchter and murther of that quhilk is dearer to me 
nor my lyff, quhilk I am sure his Maiestie will not refuse, both out of justice, 
and for purging his seruice of suche a pestilent man as the Bischope hes de- 
scrybit me to be. So with my humbill and faythfull seruice, I rest, 
Your Lordship's humbill and faithfull seruitor, 

S R Thomas Hope. 

My nobill Lord, — I sie' calumnies gois ryff in thir dayis, for I haif hard my 
Lord Traquhair chargit with a passage als fals as the divell, for the letteris to 
the Counsell anent the Lord Ochiltry cam inclosit in ane pacquet, quhilk cam 
with Mr. Hary Drumond, directit to me from my Lord Stirling, Secretar, and 
ipdien I openit the pacquet, I fand theis letteris to the Counsell thairin, but 
no directioun fra quhom nor for quhat end, and I went doun and delyuerit the 
samyn out of my awin hand to my Lord Chancellor ; but as I am trew, did 
not know the contentis till my Lord Chancellor told me. 

To the rycht nobill and michtie erll the Erll of Strathern, Lord President of 
Counsell, and one ot His Maiestie's Honorabill Privy Counsel of Ingland. 

146. Sir Thomas Hope, Lord Advocate, to the Earl of Stratherne. 

Edinburgh, 24th December 1631. 
I'leass your Lordship, — I forzett to wrytt (with Gartmoir quho partit heir 
zesterday) that I had causit ratine in secret counsall the Act of Commissioun 
laitlie made, 14 December, anent the vniversall payment of his Maiestie's 



1631.1 SIR THOMAS HOPE. LORD ADVOCATE. 143 



annuitie, alsweill of vnvaleuit as valeuitt teindes, quhilk wes done in Counsell 
vpon Twysday the 20 of December. 

And now since his parting, the Exchekker satt zesterday the 23 De- 
cember, quhair I haif causit of new ratifie the said Act of Commissioun anent 
the annuitie, sua that thair restis nothing but ordour for vplifting tharoff, 
quhilk I knaw the Lord Traquhair wil be cairfull aneugh notwithstanding that 
he is calumniat for slacknes in exacting of the annuitie, quhilk is ane fals 
calumnie, suche as that quhairwith the Bishop of Murray lies treschourislie 
brandit me. 

I did also forzett in that bussines of Duffis twa passages ; ane that the 
Erll Merschell wes wilbng to submitt his clame to that patronage, ane vther 
that the Erll of Murray pretendis also ryght to the samyn, quhairof zour 
Lordship must be cairfull to sie him also submit that the rycht of that 
patronage may be fully establischit in his Maiestie's persoun. 

I dar not omitt to recommend to zour Lordship the ending of my sone's 
bussines, lest it be said that I am indifferent into it, as it wes ones writtin to 
me, for now it is niuche deirer and neirer to me then of befoir, in respect of 
this incident of the Bischop of Murray, his fals calumnie, and if zour Lord- 
ship sal be plesit betuix and 9 Januaur to send doun the warrand for my sone, 
it wil be suche a refreschement and comfortt to my mynd, and suche a reall 
testimony of zour Lordship's fauour in so opportune a tyme, that the world 
sail know the frute of my seruice to zour Lordship to haif bene abimdantlie. 
rewardit, and if I leive, sail gif an answerabill testimony of gratitude and 
thankfulnes to latt the world knaw how muche I resent zour Lordship's fauour, 
quhilk in effect lies restorit me from death to lyff. So, with most humbill 
seruice, I rest, 

Your Lordship's humbill and bund seruitor, 

S R Thomas Hope. 



144 STATE AND OFFICIAL LETTERS. [1632. 

Bessaue this inclosit from zcrar Lordship's nobill Lady, quho and all zour 
barnis and familly ar in good helth, prasit he the Lord. 

To the rycht nobill and michtie erll the Erll of Strathern, Lord President of 
Counsell, and one off His Maiestie's Privy Counsel of Ingland. 

147. Sir Thomas Hope, Lord Advocate, to the Earl of Stratherne. 

Edinburgh, 5 Januar 1632. 
Pleass your Lordship, — I wes never taxt of befoir for negligence in wryting, 
it being my fault to wrytt too muche, and too oure manie, and if, efter zour 
Lordship's of last November, quhilk I keip as my cheiff jowell, I sould half 
incurrit suche a follie, I wold accompt myself vnworthie of the conimoun 
air ; but the trwth is, I did wrytt two to zour Lordship in the pacquet, and 
becaus I had no lyking of the directer, D. A., I gaif thaim to zour nobill 
Lady, quho had her awin ressones of that oursycht, but sa sone as I knew 
the neglect, I sent a pacquet on 17 December. 

I am aduertisit be all my freindis of your Lordship's serious and ernest 
deilling for my sone, for quhilk I aw zour Lordship humbill thanks, and I 
trust, in God's mercie, zour Lordship sal not find zour Lordship's fauor ill 
placit. But I do heir sumthing of Sir John Scott, quhairof I can not mervail 
aneugh, for I am sure his patroun dar not, nor cannot eompair with zour 
Lordship in power, and for the pretext of his Maiestie's promise of the first 
vacand place, zour Lordship knawis it wes my humbill suit to his Maiestie 
thrie zeris of befoir, and if I durst I wald say that I haif deservit sumthing 
better nor he. Butt, my Lord, if your Lordship find the bussines go hard, 
rather or zour Lordship be displeasit, and I suffer in my credit, I sal be con- 
tent to tak the place to myself, quhairof I am as capabill as Sir John Scott, 
having no impediment, but that of Counsellour, quhilk he hes also, and zour 
Lordship rememberis that this wes vrgit on me be his Maiestie in January 



1632.] SIR THOMAS HOPE, LORD ADVOCATE. 145 

1628, and I haif greit ressoun to imbrace it, rather or the man wrong ws 
bayth, albeit I know it will be to my loose, and his Maiestie must be informit 
that ever since the institutioun of the Sessioun, (quhilk is now j° zeris since,) 
the Kingis Aduocat wes ever one of the ordiner Lords of Sessioun, as it is 
very necessar for his Maiestie's seruice that it be sua. 

I must humblie intreit zour Lordship's fauor for an letter to the Counsell 
for trying of that devilische calumnie of that reverend father of leis, quhilk 
his Maiestie in justice cannot deny to me ; for if it be true, I am vnworthy 
to be his Maiestie's servand or Counsellor, and if it be fals, he deservis 
exemplar punishment. 

I writ to zour Lordship on 1 Januar, and gave tharn to zour nobill 
Lady, quho vnder her cover hes delyuerit tham to D. A., quho promisit to tak 
journey post heir zesterday. But he is heir zit, tarying till he gett a letter 
from his Maiestie to call him vp, and if it come not befoir Setterday, he will 
tak his hasard, quhilk may be grit aneugh, if all hechtis hold, and I haif 
ressoun to wische it soe, both for the good of his Maiestie's seruice, and for 
the credit of the nobilmen quhom he hes wrongit. Sua, with my humbill 
affectioun, I committ zour Lordship to the blessing of Godis grace, and restis, 
Your Lordship's humbill and faythfull seruitor, 

S B Thomas Hope. 

To the rycht nobill and michtie erll the Erll of Strathern, Lord President of 
Counsell, and one of His Maiestie's honorabill Privy Counsell of Ingland. 

148. The Same to King Chaeles I. 

Edinburgh, 28 July 1632. 
Most Sacred Souerane, — I haif laitlie sent particular informatioun to the 
Erll of Strathern of the procedings in the Commissioun ; quhairin thair is 

T 



14G STATE AND OFFICIAL LETTERS. [1632. 

good progress made, and ane finall closing schortlie expectit, if the titularis 
and heretors did not unhappilie lye out and delay the valuatiounes to thair 
awin hurt, and albeit thay ar muche walknit he exacting from them of the 
annuitie : zitt to adde ane farther spun to tham, it is inacted be the 
tabill that all the valuatiouns sal be exped and reportit from the Sub- 
Commissioneris betwix and the 25 of December nixt in theis partis of the 
countrey quhilk ar besouth Die, and betuix and the first of Merche in 
partis benorth Die, eftir quhilk dyettis the tabill hes declarit that thay 
will gif ordor to me, as zour Maiestie's Advocat, to leid the valuatiounis 
(quhilk sal be vnexped) before themselfis, and thairwith to rectifie suche 
valuatiounes as sal be fund les to the enorme hurt of zour Maiestie and the 
Church. 

And becaus in this point anent the rectifeing of vndervaluatiounis, I 
feir sum oppositioun (quhairof I haif acquaint the Erl of Strathern,) thair- 
foir I haif drawin vp ane letter to be signed be zour Maiestie, quhilk is 
absolutlie necessar for the good of the seruice, and quhilk zour Maiestie wil 
be pleased to signe quhen the samyn sal bepresentit to zour Maiestie be the 
Erll of Strathern. 

It hes pleisit zour sacred Maiestie to putt ane mark of zour Maiestie's 
fauor on my sone by preferring him to ane place of Sessiouu, quhilk come so 
opportunelie to me, as I wes in the recovering from my seiknes, that it did 
gif strenthe and courage both to bodie and spiritt, and thairfoir in all 
humilitie (as I am bund) I gif to zour sacred Maiestie all humbill thankes, 
and quhat additioun the Lord sal gif to my dayis, devottis the samyn 
to be imployed with that zeill and fidelitie to zour Maiestie's seruice as 
becomes ane faythfull servand so far honored and fauored be your sacred 
Maiestie. So huntblie praying the God of all mercies to multiplie his best 
blessingis vpon zour Maiestie's royall persoun, kingdomes and estait, and 



1635.] SIS THOMAS HOPE, LORD ADVOCATE. 147 

to grant zour Maiestie ane long, happie, and prosperous regne, I humblie 
rest, 

Your sacred Maiestie's most hurnbill subiect and seruitor, 

Sir Thomas Hope. 
To the King his most excellent Maiestie. 



149. Sir Thomas Hope, Lord Advocate, to the Earl of Airth. 

Edinburgh, 19 January 1635. 
Please your Lordship, — We haif had a meiting with the Erl of Traquhair in 
presence of your Lordship's tenderst freindis of both sex, the Countess 
Merschell and the Erl of Eoxburgh, and we haif ressonit vpon the doubtfnll 
termes of his Maiestie's letter, quhairin the Erll of Traquhair girls me greit 
satisfactioun ; and thay ar to meit with the President of the Sessioun, quho 
wes at Court quhen the letter wes signed, and to vrge him to the sense of the 
letter as he hard it debaitit and resoluit at Court. And iff zonr Lordship be 
heir to attend zour Lordship's awin bussines ones on Mononday, I am in good 
opinioun that the matter sal go well. And thairfor I humblie intreit zour 
Lordship that, all vther respectis sett asyd, zour Lordship be heir on Monon- 
day befoir tuelff, that zour Lordship may meit with zour Lordship's frendis, 
for vndoutidlie the matter wil be callit and disputit on Twysday ; and bring 
with zour Lordship all thingis quhilk ar necessarie for zour Lordship's per- 
formance of that quhilk his Maiestie's letter inioynes, and namely zour Lord- 
ship's awin seisingis, and for Godis cans, latt not zour ennemeis haif occasioun 
to obiect zour Lordship's vnwillingness in the leist point of that quhilk is 
commandit in his Maiestie's letter. The matter is now brocht to a period, 
and on this dependis zour Lordship's worldlie peax and contentment, and 
thairfoir walk in it with the prudence and wisdome quhilk is native to zour 



148 STATE AND OFFICIAL LETTERS. [1635. 

Lordship, and ansurabill to zour generous and nobill mynd. So, with my 
humbill sendee, I rest, 

Your Lordship's humbill and bund seruitor, 

S K Thomas Hope. 

To the rycht nobill and michtie erll my Lord the Erll of Airth. 

150. Sir Thomas Hope, Lord Advocate, to the Eakl of Airth. 

Edinburgh, 2 July 1635. 
Pleass zour Lordship, — Zour Lordship's caus wes callit, and I being above 
broclit from Exchequer, quhair I fand the barris full of parties and procurators ; 
and sa sone as I appered I spak my Lord President to haif all parties removit, 
quhilk wes done, and then I presentit zour Lordship's letter, with zour Lord- 
ship's ressons aganis the detail, quhilk efter sum contestatioun was red in 
presence of the hail Lords, none being present for the parties but my Lord 
Lorn, and it wes long debaitit to haif zour Lordship's ressones red in presence 
off the procuratories ; but in end I prevaillit, that the samyn wes red withoutt 
incalling of tham ; and efter reiding, I wes askit my opinioun of the way 
quhairin the fairest and surest way to gif zour Lordship contentment, and the 
cautiouneris surety wes disputit, and the Erl of Traquhair did his pairt very 
notablie, and in end the Lord Lorn and I wes removit about xi. hours, and the 
Lords declarit thai wald instantlie go on, but hering of the contrair parties, and 
the Lords wes so instant to haif the bissines closed this day, that thai directit 
one of the clerks to caus hold bak the clok, quhilk hes made thame sitt neir to 
one efternone. But befoir I removit I patt three things in surty, that the decreit 
sould not be the ground quhairupon the Lords sould proceid, but zour Lord- 
ship's new suspensioun, with zour awin ressonis gevin in for ane eik this day; 
nixt that the pryce sould be reservit till eftir the expyring of the zeris of 



1632.] SIR GEORGE HAY, LORD CHANCELLOR OF SCOTLAND. 149 



suspensioun ; (3.) That the rental! alredy provin sould not be a grund, 
butt that zour Lordship sould haif tyme both of preving and impreving of 
the trew rentall ; and I think thir be the most substantiall peices, for as to 
the separation of the somes it wes never refusit. Quhen the Lords skaillit, 
quhilk wes at one eftirnone, I askit quhat wes done, and all that I could haif 
wes that the matter wes endit in substance, and thai haif appointit to meit 
the morne at vii. hours in the morning to put it in form ; and quhat is the 
particulers zour Lordship must caus the Countess of Merschell to lerne of the 
Erl of Traquhair and vtheris. But so far as I conceive it is weill, and nothing 
changit of theis substantiall points quhilk I vrgit, and gif so be it is weill 
endit, bbssit be God, as I beseik God to preserve zour Lordship in helth, and 
gif me grace to sie zow far at the end of the zeris of suspensioun. So I 
humble rest, 

Your Lordship's humbill and bund seruitor, 

S R Thomas Hope. 

To the richt nobill erll my Lord the Erl of Airth. 



151. Sir George Hay, Viscount Dupplin, Lord Chancellor of Scotland, 

to King Charles I. 

Hallirudehous, this 22 Maij [c. 1632.] 
Most sacked Souekain, — The sufficiencie of this bearar, and his zealous 
affection, without any respect but to your Maiestie's honour and profeit, 
command me not to truble your royall eyes with reading what he is able and 
will fullie and trulie relate. Only this, your Majestie sent to me a commis- 
sion without your hand, whiche your Majestie may be now pleased to signe 
and send bak ; of vther particulars concerning myself and vthers, I haue 
wrytten to my Lord Stirlin. Your Majestie's bountifull fauoures, multiplied 



150 



STATE AND OFFICIAL LETTERS. 



[1633. 



daylie vpon me, giue me subiect to rowse my decayeing spirites for aduance- 
ment of your Majestie's affaires and desyres ; wheriu, if I suld faile, God will 
curse me, and man detest me for my ingratitude to so gratious a maister. 
God of his great mercye grant to your Majestie manye helthfull and happie 
dayes. 



Your sacred Maiestie's most obliged creature, 



George Hay. 



To the King's most excellent Maiestie. 



152. John Earl of Traquair to King Charles I. [Circa 1633.] 

Copie of ane Letter to His Majestie anent Airthe's Busines. 

Sir, — The Erie of Airthe hes compeired before the Counsell, and according to 
zour Majestie's pleasure signified to me, and be zour letter to the Lord Chan- 
cellour, hes dimitted his offices and pension. The Chancellour conveined Sir 
Thomas Hope, zour Majestie's Advocat, togidder with Sir Lues, Advocat, Mr. 
Andro Aytoun, and Mr. Thomas Nicolsone, pryme advocatis in this King- 
dome, and to them all togidder hes signified zour Majestie's pleasure anent 
the service of Stratherne for reducing and annihilating the same, and finding 
out some such course, as all ground for the lyke errour may be taken away ; 
which busines they have taken to their serious consideratioun, and with me 
have had some meitingis concerning the same ; hot because of the Lord Chan- 
cellour his present indispositioun of health, we can mak no conclusion 
therein. 

I have intimat the commissiones I had vnder zour Majestie's owne 
band for hearing the accomptis of Exchequer and taxatiounes to all parties 
haveing interest ; bot I find no such diligence vsed therin as I could wishe. 
If zour Majestie might be pleased as of zourself to command the Secretarie to 



1633.] JOHN EARL OF TRAQUAIB. 151 



wryte a letter to the Chancellour, Erie of Mortoun, and myself, commanding 
us with all diligence to exped the comptis of our intromissiounes with any of 
zour Majestie's rentis, casualties, taxatiounes, or moneyis quhatsumever, it 
wald be a gude ground for me to vrge the same, and vntill this be done, I can 
nather know perfytlie the trew burdenis of Exchequer, nather zet solidlie set 
doiin the wayis to releive the same. 

I have conferred at lenth with the Marquise anent his gift of the impost 
of the wynes, and I hope to settell with him vpon such conditiones, as I sal be 
answerable sal be for zour Majestie's advantage. If any small difference sail 
be, we have concluded zour Majestie sal be judge to the reasonablenes of ather 
of our demandis. 

Zour Majestie's declaratioun anent quhat sould be esteimed propertie in 
the mater of erectiones hes had great opposition in Exchequer, bot we sail 
carie it, or vtherwiys zour Majestie sail know the opposeris of zour Majestie's 
so just desyres. 

The Act concerning the two of ten of all annuellis, granted to zour 
Majestie in the last Parliament, is not so cleir as I could have wished, nather 
dois some of our Judges tak zour Majestie's last letter so to heart as in duetie 
they ought ; notwithstanding of all which difficulties, and the vnderhand 
croceing of that service be some, I am very confident that my lord Marquise 
his cair and dextrous cariage of that busines sail bring it to a gude and profit- 
able conclusion. He hes had great oppositioun, and many wayes vsed to elude 
the Act ; zet he hes broght the toun of Edinburgh, the leidaris of the rest of 
the burrowes, and the advocattis and rnemberis of the Colledge of Justice, be 
whois example the rest of the countrey are much reulled, to male gude offeris ; 
and more nor some of the specialls of our Exchequer advysed my Lord at first 
to ask ; the particularis I remit to my Lordis owne informatioun ; onlie give 
me leave humblie to represent my opinion to zour Majestie, becaus I find him 



152 STATU AND OFFICIAL LETTERS. [1633. 

delay to mak ane absolute conclusion with any of them till he know zour 
Majesteie's pleasure. I must humblie crave your Majestie's favour if be these 
I presume to give my opinion heirin, and humblie to advyse zour Majestie to 
ordaine him to accept of their offeris ; for altho' this be not the full extremitie 
of the Act, zet I believe he shall be able to mak a gude considerable sowme 
tlierby ; and if he had not overcome the difficulties and oppositiones maid in 
this busines, zour Majestie neidit not to have expected any gude of the ex- 
traordinary taxatioun heirafter. 

With the nixt I hope to send a formall commissioun for the saill of the 
annuitie at 15 zeiris purchase, to be signed be zour Majestie, as also to let 
zour Majestie sie a cleir way how all the byganes of the same may be broght 
in within this twellmonthe. 



153. William Eakl of Airth to the Commissioners anent his Accusation. 

Copy. 

Airthe, 10 July 1633. 
My most honourable Lordis, — I iutendit to haue waitted vpon your Lord- 
ships this nicht at Halyroodhous, bot being so seik as I am not able to sturre, 
I am forced to mak thes speik for me, which is shortly this, — I will never 
acknowledge thes wordis in Sir James Skeene's paper, for I never spok them ; 
as to the equivalent, or wordis which may be drawen to that sense, I wishe to 
heir the wordis, and then I would goe neir (positivlie) to say iff I hade spoken 
them or not, and if such a slip hade been, I protest to God I should ingenu- 
ously acknowledge it. 

Bot having examined myself from my infancie to this tyme, so farr as a 
man's memorie can instruct him, I doe not remember that any such wordis 
lies escaped me. 



1633.] JOHN EARL OF TRAQUAIR. 153 



Zit, seeing his Majestie lies be exaruinatione of thes of good qualitie 
(whos names I doe not know,) collectit als much by circumstances as that 
some wordis, tending to that sense, ather when I wes a chyld, or (as they mey 
call it,) being ather drunk or madde, hes slipt from me, I will rather submitt 
myself absolutly to my Master's good will and pleisour to vnderly what it 
shall pleis him to impose vpon me, then be tryed by any judicatorie, with 
this additione, that (as I haue a soull, and wishes it to be saved,) I hade never 
a disloyall thought to my master, so that iff any words alledgit to be spoken 
in my infancie, or as I haue said befoir, ar now by the malice of some wrested 
to that sense, I am confident his Majestie and your Lordships will rather 
think it error and lapsus lingue then mentis. This is all I can say, and, 
withall, does hiunblie submit myself to his Majestie's will and pleisour, who, 
I doubt not, when he shall compair my actiones and integritie with thes 
wordis which he hes heard now, will haue respect both to myself and to that 
hous of myne, which is now of aboue tuo hundreth zeires standing, without 
any tuiche of disloyaltie. So I rest, 

Zour Lordships' most affectionat and humble seruand. 



154. John Eael of Traquair to William Earl of Aikth. — 15th July 1633. 

Copy. 

My Lord, — Seing your Lordship hes bein pleased to intrust me with a sub- 
mission to his Majestie, written and subscryved with your awne hand at 
Halyrudhous, the fyftein of July 1633, I, out of the confidence I have of his 
Majesteis gracious dispositione to mercy, am so confident of the expression 
therof towards your Lordship, that notwithstanding of the forsayd submission, 
I oblische me, upon my honor, ather to procure from his Majestie a warrand 
under his sacred hand to assure your Lordship both of your lyf and forfaltour, 





154 STATE AND OFFICIAL LETTERS. [1633. 

or utherwayes to raport the same bak agane to your Lordship. In witnes 
qiilierof I have subscryved thir presents at Halyrudhous, the fyftein of July 

1633. 

Zour Lordship's servand. 

Warrand for Airthe's pardon vpon his awin acknowledgement of his error. 



155. Exceept from Draft Letter by John Earl of Traquair to King 
Charles I. anent the submission of the Earl of Airth. — [July 1633.] 

Most sacred Soveeane, — May it pleas your Majestie to look upon this 
enclosed submission from the Earle of Airthe, written with his awne hand, 
quhairin if ther be any word amise, or any thing zit to be added upon the 
significatioune of your Majestie's pleasour to me, I sail discharge faithfullie 
quhat your Majestie sail be pleased to intrust to me ; in the meantym he is 
reteared to the contrei, not to sture from his awne hous to your Majestie's 
pleasour be knawen. 

If upon this submission your Majestie resolve to signifie your pleasour 
towards him, your Majestie wald considir upon the forme of the doome or 
sentence your Majestie is to pronunce against him, that the same may be 
sutch as in a legall way may subsist. . . . 

Your Majestie's humble and obedient servant. 



156. William Earl of Airth to King Charles I. 

Airthe, 3 Apryll 1634. 
Most sacred Soveraigne, — I doo humblie thank zour Majestie for zour care 
to preserve my hous from ruine, quhich the Erlle of Traquair hes signified 



1634.] WILLIAM EARL OF AIRTH TO KING CHARLES I. 155 



wnto me, and to the effect that those moneys quhich, in zour royall bountie, 
zour Majestie is to bestow for releife of my depts, to wphould that hous, may 
doo the thing for quhich zow give it, I will treulie lett zour Majestie know 
the case my hous stands presently intoo. 

There is ane contract betuix my freinds quhow ar cationers for sum of 
my depts, and me, quherin, and wnder trust, I gave them securitie of all my 
lands for releif of those soums for quhich they ar ingadgit, nather did I think 
that they would tak any advantage further then there owne releife ; bot they 
have obteined ane decreite befor the Lords of Sessione of all my lands, and 
ar presently taking possessione, and will denude me of all at Witsonday nixt, 
notwithstanding that the lands ar worth a greate deall more then thrys thos 
soumes for quhich they ar ingadged. I have only a regress by ane reversion 
at Mertimes nixt, and if I doo not pay them all there soumes at that tyme it 
doeth expyre, and my lands shal be irrecoverable. I have wther depts besyde 
for quhich I have soulde on baronie of land and morgadgit ane wther, so this 
is the dangerous and trew estate of my hous for the present, and if zour 
Majestie wil be gratiouslie pleased to caus pay thes soumes at Witsonday and 
Mertimes nixt quhich I ow to thes cationers, it will zit houlde wp that hous 
with sum small competencie of meanes. And if this cannot be, I doo most 
humblie beseech zour Majestie to give me leave to retire out of this kingdoome, 
quhere I may live and die obscurlie and not sie the fall of my hous ; for in 
quhat place soever I shal be I will stdl pray for zour Majestie's long and 
happie raigne, as becometh, 

Zour Majestie's most faithfull subiect and humbill servitor, 

Airthe. 
To the King his most excellent Maiestie, — Thess. 



156 STATE AND OFFICIAL LETTERS. [1639. 



157. William Earl of Airth to King Charles I. 

Edinburgh, 20th September 1639. 
Most sacked Soveraigne, — I have, according to zour Majestie's comande- 
ment, attendit zour Commissioner all the tyme of this Assemblie and Parlia- 
ment, and I have given my advys and assistance to him quhen he did requyre 
it, in every thing that micht conduce to zour Majestie's service, and altho' 
I know that the Commissioner and wthers have alredie advertised zour 
Majestie of the most materiall things that were doone in the Assemblie, 
and how far the Parliament hath hithertoo proceedit, zit I have presumed 
to send this inclosed note heirwith, quhich will lett zour Majestie know 
the most materiall things quhich I conceave were doone thair ; and I doo 
humblie beseeche zour Majestie to reade it, for altho' it wes long in 
comming, becaus I would not troubill zour Majestie with letters wntill I 
should sie in quhat maner businessis were lyke to conclude, zit I believe 
zour Majestie shall find the most substantiall things ar vrettin in this 
note, and quhat is in it is treuthe. The Commissioner did not name me 
wpon the articles, so that I am not abill to give zour Majestie such ane 
acounte of those things that ar doone in Parliament, as I have by that note 
showen quhat wes doone in Assemblie. Zit I beleive that I have gone als neire 
as a man quha is made ane stranger to affairs can doo ; and alltho' I am not 
wpon the articles, zit I doo attende and doo meite at counsell or committies 
for parliamentarie effaires quhensoever I am called by the Commissioner. 
Zour Majestie commandit me to have ane watchfull eye over the actiones of 
ane officer of estate heir. I doubt not bot zour Majestie dooth remembre of 
the man, and I have lookte wntoo him, altho' they have neide of many eyes 
quha can weell find out his wayes. I doo only perceave this much, that the 
Commissioner doeth communicate to that man and wther tuo in private all 



1639.] WILLIAM EARL OF AIRTH. 157 



the effaires, and the remanent ar, thereafter, called too them. I have presumed 
to send this berar expresly, humblie intreating that zour Majestie wil be 
pleased by thrie lynes from zour selfe to give me zour Majestie's directiones 
how I shall cary my selfe in tuo particulars — first, seeing the Comissioner 
and moste parte of the Counsell have signed this covenante, and that I have 
not doone it as zit, I beseech zour Majestie to commande me quhat I shall 
doo ; the nixt is, that I intreate zour Majestie's directione if I shall friely give 
my opinione, altho' wnrequyred, to the Commissioner in any thing that may 
conduce to zour Majestie's service, or if I shall be silente at this tyme. Of 
thes tuo I do humblie intreate zour Majestie's pleasour, and I desyre none to 
know of it, for James Livingstoun will immediatly returne the berar efter he 
receaves zour Majestie's letter. I find that my cowsing Montros hath caried 
himself both faithfully, and is more willing to contribute to his wttermost in 
anything for zour Majestie's service, then any of these Lords covenanters ; 
and I am confident that he will keepe quhat I promised to zour Majestie in 
his name, quherfor I doo humblie intreate zour Majestie that by ane letter to 
him zow will take notice and give him thanks, and desyre the continowance. 
I wish the letter be inclosed within zour Majestie's letter to me, and as I find 
the effects of his service to zour Majestie at this Parliament, I shall ather 
delyver, or keipe wp, the letter. So attending zour Majestie's directiones, and 
praying for zour Majestie's long and happie raigue, I rest, 

Zour Majestie's most faithfull subiect and humble servitor, 

For the King his most excellent Majestie, — These. 



158 STATE AND OFFICIAL LETTERS. [1654. 



King Charles I. to William Earl of Aieth. — [Holograph.] 
Endorsed on the preceding Letter. 

26 September 1639. 
To the first, I esteeme them more that does not then those that does sygne this 
last Couenant, though my Commissioner and most of my Councell hath done it ; 
as for giuing your opinion, if hee aske it, yow shall do well to giue it him, other- 
wais not ; for I suspect that the issew will not be so faire, but that he will be 
glad to lay the burden on other men's shoulders to ease his owen, which he 
may the reddilier doe, if you should eather giue him councell unasked, or being 
desyred, not to giue him your advyce. 

C. E. 

For the Earle of Airthe.— 26th September 1639. 



158. General George Monck to the Earl of Airth. — 17th May 1654. 

Whereas the woods of Milton and Glegait, in Aberfoyle parish, are great 
shelters to the rebells and mossers, and doe therby bring many inconveni- 
encies to the country therabouts : These are to desire yow, on sight heerof, to 
give order for the cutting downe of the said woods with all possible expedi- 
tion, that soe they may nott any longer bee a harbour or shelter for loose, idle, 
and desperate persons. And heerof yow are nott to fayle. Given vnder my 
hand and seale, att Cardrosse, the 17th day of May 1654. 

■George Monck. 

To the ri"ht honorable the Earle of Earth. 



1657.] GENERAL GEORGE MONCK. 159 



159. The Same to Lokd Kinpont. 

Dalkeith, 12 February 1657. 
My Lokd, — Since your Lordshippe was with mee last, I received a letter from 
Colonel Daniell about the difference I wrote to him to take uppe betweene your 
Lordshippe and Duffra, 'by which I vnderstand that those engagements for 
which hee is troubled were for your familie, and that you have lately bought 
the comprisement, soe that, my Lord, you will deale very hardly with him in 
case you should nott bee willing to putt itt to some freinds to take itt vppe, 
and, if I may prevaile with your Lordshippe, I should perswade you to referre 
itt to Colonel Daniell to end the businesse, and nott to mine the poore gentle- 
man, who hath bin alwayes ready to engage himself and fortune for your 
familie, and truly if your Lordshippe will please to referre itt to Colonel 
Daniell to make an end of itt, I beleive you will doe much like a gentleman 
in itt, and I shall take itt as a favour done to, 

Your Lordship's humble servant, 




For the Eight Honorable the Lord Kinpoint, — These. 



160 



FAMILY AND DOMESTIC LETTERS. 



100. William Earl of Airth to his cousin, William Grahame of Polder. 

Yll, 12 August 1646. 
Cousine, — I receaved zour letter, qher I find that zow are faithfull to me ; and 
be confident zow shall have ane noble meiting. I desyre zow not to sturre 
from that till zow hear againe from me. I ame very weill pleased with qhat 
ze are doing in my Lady Kinpountis bussines, and I desyre zow to continue 
it. I hade writtine more particularlie to zow, if Patrick Menteith hade not 
assured me that ze was come to Kippen, which I wold not beleive. General 
Major Midletoune hes given ane warrand to my Lord Perth, Tullibardine, 
and me to keip the headis of thir countreis, and we are to meit this Satterday 
at Dumblane to setle it, and imediatlie after our meiting, zow shall hear from 
me, for I will appoynt zour father and zow leaderis of my people. I hade not 
sent in this bearer at this tyme if it hade not beine with venisone to my Lord 
Gray. And this bussines of putting ane watch on the headis of thes coun- 
treis be thes noblemen and me is to prevent vtheris. I know ze will 
vnderstand me. So, till my nixt, I rest, 

Zour loving cheif, 

AlRTHE. 

This is the best bussines that ever we gott done, qherin 
we ow ane obligatione to my Lord Tullibardine. 

For my loving cousine, William Grahame of Polder. — These. 



1660.] SIR JOHN CAMPBELL OF GLENURCHY. 161 



161. Sir John Campbell of Glenurchy, (father of the first Earl of Breadalbane,) 
to his father-in-law, William Earl of Aikth. 

13 September 1660. 
My very noble Lord, — I receiuit zour Lordship's lettre with all imaginable 
contentment, and the rather becaus I perceave thereby that zour Lordship is 
in hailth, and that zour Lordship hes so tender a regarde to the standing and 
credite of my hous, the prosperitie quhairof doth much consist (vnder God's 
providence) in a Christiane mutuall dewtifull observance betuix me and my 
eldest son, who being misled by ill advys, is lyk to occasione our joynt over- 
throw, if it be not prevented in tyme, which is now a speciall dewtie lyeing 
vpon me to effectuat. Zour Lordship's advys and concurrance in thes affairs 
we may not want, zour Lordship being now our only father living, and we 
being zour Lordship's childreine, vpon which accompt I sail intreat zour 
Lordship to be pleased to signifie to me at quhat tyme I sail wait vpon zour 
Lordship to give a trew character of all our particulars, and to resolve vpon 
the best remedies. I cannot expres my greiffs being tossed betuix thes tuo 
extremities, the vigilant care I ow to the weellbeing of the hous, and my 
naturall affectione towards my sone, whose singular naturall indewments 
merits love and respects. As for my pairt, I haif constantly adhered to thes 
premeditat grounds zour Lordship proposed a litle befoir my vncle Sir Coline 
his deceas, bot my son builds vpon other fundationes, indevoreing all he can 
to depryve me of my lyfrent ryt and owin all ; at his optione I attended with 
patience for 3 or 4 zeirs expecting his resentment, bot I find now, to both our 
prejudicis, that I haif beine silent too long. I pich vpon zour Lordship as 
the speciall nobleman quho is most concerned and neirest tuiched in our 
affairs, and most able and fitt to sie our affairs put in a right frame, hopeing 

x 



162 FAMILY AND DOMESTIC LETTERS. [1661. 

zour Lordship will say so yourself. In confidence quhereof, and referring 
metters to zour Lordship's prudent consideratione, I remane, 

My noble lord, zour Lordship's obedient son and most humble servant, 

S* J. C, Glenurchay. 

I present my dewtifull respects and service to my Lady. 

I expect zour Lordship lies possiblie heired sumquhat fra Sir James, zour 
Lordship's son, in relatione to quhat I wret to zour Lordship in my former 
lettre. 

For my very honourabill and most respected noble lord the Earle of Airth, — 
Thes. 

162. Sir John Campbell of Glenurchy to his father-in-law, William 

Earl of Airth. 

Mochaster, 1 January 1661. 
My noble Lord, — I had no lettres from zour Lordship this long tyme, tho I 
did expect some. Allways I cam heir of intentione to haif waited vpon zour 
Lordship, but I heir the yce of the loch will not permitt acces, and now being 
desyred to goe to Edinburgh by my Lord Chancellor, quho is, and still was, 
my most faythfull and constant freind, quho vpon that accompt hes vnder- 
takin to sie the affairs of my estait reduced to a better frame, all my designs 
of the layeing the best fundations for that work by zour Lordship's advyce ar 
prevented, since I cannot goe speik zour Lordship, for ther ar many circum- 
stances to be advysed and resolved, and I find much prejudice in many of my 
son's actions, tho' otherwayes in his deportments he caries himself very 
worthily. I am convinced that the payeing of debt, provisiones to my 
childreine, with competent allowance for my family and my sons, are to be 
takin to consideratione in the first place, and the mischeivous burdeine of 



1661.] SIR JOHN CAMPBELL OF GLENURCHY. 163 



Chalmerlans takiu aff, — this was my grandfather, Sir Duncan's, adrnonitione 
to me, and I could never heir nor know of any gentleman in the High- 
lands quho's prudence in the metter of governement of his estait was more 
extolled then his. Since I may not contract so many particulars within the 
narow limits of a missive letter, nor yet haif the happines at this tyme to 
conferr with zour Lordship, it appeirs to be nixt best that zour Lordship 
communicat zour nrynd to Gartmore, and desyre him to cary the same to 
Edinburgh within thrie or four dayes, quhair I sail attend him ; for I find him 
worthie of that trust, both in relatione to his interest in my son, respects to 
ws both, and to the gude of our hous. I haif writtin to him also by this 
bearar, and expects he will not refuise this trouble for so gude ane end. On 
thing farder I must begg of zour Lordship, which is, that zour Lordship will 
owne your awin advys, that I sould give to Sir Archibald Campbell at the 
tyme of my vncle, Sir Coline's, being in his deathsbed my bond of 16 or 
20000 merk to move my said vncle to subscryve to all thes provisions 
conteined in that long band ; quhilk provisions wer resolved vpon be zour 
Lordship and myself in zour Lordship's hous befoir they wer proponed to Sir 
Archibald. If •which had not beine perfyted befoir my vncle's death, it is 
evident that our hous had perished long since, evin tho' the tymes had beine 
paceable. I haif the principall minut of that transactione in my companie, 
quhilk will cleir this point, for I am traduced by my vnfreinds as if my 
giving that bond had only proceided vnadvysedly of myself, quhilk maks me 
now to intreat this metter of zour Lordship, for ther ar none living except 
zour Lordship and I that wer accessarie to that transactione or to the grounds 
vpon which we walked then ; and altho thes great revolutions quhilk have 
interveined have altered the state almost of all affairs, yet at that tyme ther 
was a necessitie to tak thes coursis, and as metters stand at the present tyme, 
the standing of our family is not a litle furthered therby. Zour Lordship 



164 



FAMILY AND DOMESTIC LETTERS. 



[1662. 



may be pleased to wryte heirof to my Lord Chancellor, to myself, or to my 
sone, for my vindicatione, for it greivs me to susteine blame for my weell 
doeing or indeservedly. So referring the premissis to zour Lordship's wyse 
consideratione, I remane, 

Zour Lordship's most obleidged son and assurit servant, 

S* J. C, Glenurchay. 

I hope my Lady (to quhom I present my humble service and dewtie) will not 
only excuse my not wryting to her Ladyship, bot also be a sollicitrix for her 
motherless oyes, my doghters, of which thrie are now manageable, and lyk to be 
so long eneugh, if my son haif power to do, as he hes doone, to their prejudice. 

For my most respected noble lord the Earle of Airth, — Thes. 



163. William second Earl of Airth to his cousin, the Laird of Gartmore. 

London, last September 1662. 
Dear Couseing, — I receaved yours on the twentie nynth of this instant. I 
give yow hearty thankis for your cair and vigillency in all my affaires in that 
countrey. I hope a litill tyme shall dissapoynt many of their expectatiounes, 
qhich I will not vent till I have it in hand, at least ane warrand for it, qhich 
is the ecpiivalent. I am sory that my grandmother, my Lady Airth, should 
put any stope in my bussines at all, qhich I hope tyme will amend. I re- 
ceaved twenty tuo pound sterling from Eonnald, qhich, truely, hes only payed 
qhat I wes owing to Sir William Clerk and Mr. Heyne, except only thre pound 
ten shillings that I keiped to myselfe, qhich will scarcly gaine me till yow 
send more. Sir, yow may calculat the rent of Droumond, and yow sail find 
that ther restis to me of this yeiris duty eight hundreth merk, or therby, 
besidis the six hundreth poundis that is dew to yow and my sisteris local- 
litie, and besidis that thre hundredth merks, with the few, takdewetie, and 



1662.] WILLIAM SECOND EARL OF AIRTH. 165 

vncarrage of this yeir, ther will, I say, besidis all this eight himdreth merkis 
aforsaid be yit resting to rae, so that I pray yow let some of the readiest of 
it, with quhat can be gottin of John Droumondis herzeld, (Eonnald wrytes to 
me that they offerred him tuo himdreth merkis,) qhich if yow, couseing, can 
gett more from them, if not, send that same and other herzeldis, or any other 
things that can be had, that the mony therof may be sent presently to me ; for, 
truely, I am owing to Phititiane's heir twelve pound sterling, and above, be- 
sidis quhat I borrowed from M r ! s Hewes, Mr. Allane, and Mr. Ewing, qhich, 
in all, will amount to fyve and twentie pound sterling, qhich, truely, I am 
ashamed to stay in the toune, and they dayly seekeing moneyes frome me. 
Therfore I will goe out this week to the countrey, and stay ane fortnyght ther, 
till yow send me moneyes to pay them, qhich I hope, couseing, ye will delay 
no tyme therin. I most confess it is the wrong tyme to goe to the countrey, 
qhen I should attend his Maiestie's pleasur, in my affairis. I pray yow keip 
this secreet to yourselfe. His Maiestie promised to my Lord Marshall and 
me that he would give me ane considderable soume out of the fynes of Scot- 
land qhen my Lord Comissioner comes wp, bot he will not dispose of any of 
them till then. I have wryttin to my Lady Marshall, my grandmother, that 
her Ladiship wreat to my Lord Middeltoune in my favouris for that effect, for 
I know his Lordship will obey hir commands therin. Keip this also to your 
selfe. M[y Ladie] Airth, my grandmother, lies sent me wp ane mutuall con- 
tract [betuix] me and hir, qherin ther is many particulars containes, qhich I 
[will considder] weill befoir I subscryve. I will hardly doe it at such [a 
distance]. I pray yow, deir couseing, continow in acting in any thing [con- 
cerning] my weill, honnour, and credit in all my affairis in Monteath, and 
| ], or anyqher else in Scotland that I am concerned, as ye love 

[me. Excuse] me at my sister Elizabeth, her handis, for not wreating to her 
[before this] tyme ; bot I will wreat surly to her with the nixt. I pray [yow] 



166 FAMILY AND DOMESTIC LETTERS. [1662. 

acquaint rue with all the effairis of my countrey. So hop[ing yow will] send 

me so much money as will satisfie those persones that I [am owing] to heir. 

For the Exchequer, I cannot expect any thing out of it in heast, becaus the 

Thesaurers and Theassurer Deput ar heir. I rest, 

Your very loving couseing to serve yow, 

Airthe. 
For the Laird of Gairtmoir, — These. 



164. "William second Earl of Airth to his cousin, the Laird of Gartmore. 

London, the 13th of November 1662. 
Very loving Couseing, — I have wryttin severall tymes to yow, bot nevir 
receaved any answer. Bot my man Eonnald wryt something to me concerne- 
ing the rent of Droumond, that yow had takin band from them for all the 
rent thereof for this yeir, so that thej would not accknowledge me nor any 
warrandis I sent home to my servantes there, that there myght be some of 
the rentis sent wp to me, qhich I hope ye will deale more justly, and take 
nothing bot qhat is your dew, qhich ye know is six hundred pound Scottis, 
qhich I am most willing ye sould have. Bot yow know the restis of the 
rent is dew to me, especially since I gave bond to my Lady Marshall for that 
effect. Therfor I hope and expect that so soone as this comes to your hands, 
ye will send me all the moneyes ye can gett, ether from the tennentes or by 
the herzeldis, or any other maner of way, and send it wp to me with all 
possible hast. Truely I am in verie great need of it, and it may be the tyme 
may come that one good turne may meet ane other. I have wryttin to 
Bochaplle by reasoune he medled with the last yeiris rent of Monteath ; 
concerneing Dunglass and the Muschettes, that he also this yeir gett ane 
discharge from them for all termes preceiding, else not to suffer them to take 



1663.] WILLIAM SECOND EARL OF AIRTH. 167 



wp the rent, which I hope, couseing, yow wil be assisting in every thing that 

tendis for my honnour and good, qhich is expected by, 

Your most affectionat couseing, 

Airthe. 
For the Laird of Gairtmoir, — These. 



165. The Same to the Same. 

London, the 14th Aprill 1663. 
Worthie Couseing, — With much adoe, doe I dictat these lynes to yow, for I 
am lying bedfast, very seek, and weak of a violent and strong ague. I took 
it wpon the fyft of this moneth. It misseth only one day, and I take it the 
nixt, constantly. It lies shaken me so allready, that allmost I cannot stand 
wpon my feit, and the Lord knowes cphen it will leave me, and the great God 
of heavin and earth knowes that I have hot few freindis hear ; hot of His 
mercy I hope He will provyd for me. The Lord sail be my witnes I have not 
twentie shillings money at present, nether doe I know qher to get any. 
Therfore I humbly beseech yow, dear couseing, not to faill me this tyme, to 
caus the tennantis of Drymen to advance that tuentie pound sterline that I 
wreat for long agoe ; be it les or more, I intreat yow send some. If I wer 
one my feet, I would les cair. It is long agoe since Eonnald wreat to me 
that William Droumond would send me wp that tuo hundreth merkis for his 
brother's herzeld. I sent him warrand to fit in the soume of Middle Gart- 
farrance, and I beleive he hes receiued it long agoe. Therfor I intreat yow 
ageine to send me some money as soone as ye can ; if ye doe not befreind me 
therein, I have bot few freinds, and how knowes bot the Lord may raise me 
wp yet from this low conditioun that I am in ; and assure yourself that yow 
and yours sail never repent of qhat ye have done to me qhen the Lord sail 



168 FAMILY AND DOMESTIC LETTERS. [L663. 

bless me with those things that is convenient for me, qhich I patiently wait 
for ; it wes a great trouble to me to say this much. I am ever, 

Your most affectionate and obleidged couseing, 

Aikthe. 
I know not his Majestie's answer yit in my desires to the King, qhich the 
Queen Mother hes promised to gett positivly, qhich I expect dayly; and 
although I he in this conditioun, yit I have some strangeris (I thanke God,) 
that does for me, qhich I will give yow account, qhenever I get it. 
For my worthie and loveing couseing, the Laird of Gairtmoir, — These. 

166. William second Earl of Aieth to the Lady Elizabeth Grahame, 

his sister. 

Edinburgh, 12 October 1663. 
Dear Sister, — Altho' I reatt an ansyre to that letter yow sent me anent that 
bussines with Gartmoir, yett I am desyred of neu againe by Master Thomas 
Mitchall to reatt this, by reason that Gartmoir cumes north himself to putt 
sum close in itt, and I beleve he is the bearer of this letter, wheras I reatt 
befor that I reffarred itt altogither to your ouen will to doe in itt as itt pleiseth 
you ; for you knou I have no portion to give you att all, so that he that had 
formalie a desyre for you wold have takin as you ar, bot you knou I left that 
also to your ouen uill, as I doe in this ; and if I had or toock anj engadgment of 
you, as to that of Gartmoir, be uhat itt will, I frely pas from itt, for I doe not 
mind any such thing. Therfor, if yor ouen inclinations be for itt, as I reat 
befor, in God's name doe itt. I willingly consent to your ouen inclination 
therin. I can say no mor bot that I am, 

Your most affectionatt brother and servant, 

Airthe. 
For Ladie Elizabeth Grahame, — These. 



1667.] WILLIAM EIGHTH EARL OF MENTEITH. 169 



167. William eighth Earl of Menteith to David second 
Earl of Wemyss. 

Yle, Monteith, 18 November 1667. 
Eight Honorable, — The nmltitud of affaires does mak me neglect my deutie 
unto my noble freinds : for I am uarpt in a laberinth of almost a never end- 
ding trwble ; and it is not the least that I cannot, so soon as my soull and 
heart desirs and reallie wishes, [make] your Lordship payment and satisfaction. 
My Lord, doe not, I beseech you, misconstruct my honest, though weak, 
intentions ; for there 's no man under heaven, nor living on the face of the 
wholl earth, that I uold gladlier pay and content then your Lordship, that I 
might hav one a discharg from your Lordship. And for my procurment, ther 
is no uey in the wordle that I sail leave untryed, ether by selling, woodsett, 
or borrouing, untill your Lordship be pyed. 

I doe not knou hou it 's uith the east of Scotland ; but I am sure our 
contrey got never a uorse year, for making of monyes then this is. For 
although all the ky and horses in Monteith uar driven to the market cross, 
they culd not advanc, tho' ther Lives lay on it, fyve hunder mark Scots : and 
uhat I sal doe this year, the Lord knoues, for I knou not. Both myself, land, 
uoods, ky and horses, I lay all befor your Lordship, doe as it seemeth good in 
your eyes ; for on everie syde I am perplext by to pressing credditors, and in 
conscenc this terme of Martimis they uil get no monyes tho' they should tak 
my life. But I conseff your Lordship to be the most ingenuous and noble, 
and best to me of all my credditors. My Lord, I uil not multiplie discourse ; 
but, on my faith, it 's too reall a truth, uhat I have ureatten, uich I am most 
sorie for ; but yet I hop to get your Lordship sum monyes near Candelemis, 
tho' not so much as I exspected at Lambas last. With this I humbly desire 

Y 



170 



FAMILY AND DOMESTIC LETTERS. 



[1679. 



to present my most humble servic to your noble, speciall good ladie, so I am 
ever, 

Your Lordshipp's unchangable and obedient devoted servant, 

Menteith. 

My Lord, be pleased to accept this small present from me, your servant. 
For the Eight Honorable the Earell off Weeymes, — This present. 



168. [John Gkahame of Claverhouse, afterwards Viscount of Dundee, to 
William eighth Eael of Menteith.— Circa 1679.] 

My dear Lord, — Since I pairted with you, I waited on my Lord Montrose at 
Sterling, and from thence to Comernad, and so to his owen house. I told 
him all that had passed betuixt your Lordship and me ; he seemes to be very 
well satisfyed, and assurs me that he will com to Edinbourg when ever I shall 
advertise him. I would apoint no daye till I acquainted your Lordship with 
it. So, my Lord, if you contineu your resolution in it, I shall wait for your 
comands with this bearer. My Lord, as your friend and servant, I doe tak 
the liberty to give you on advise, which is that ther can be nothing so advan- 
tagious for you as to setle your affaires, and establish your successor in tyme, 
for it can doe you no prejudice if you com to have any childring of your owen 
body, and will be much for your quyet and confort if yoe have non ; for who 
ever you mak choyse of will be in place of a sonne. You knou that Julius 
Caesar had no need to regrait the want of isseu, having adopted Augustus, for 
he kneu certenly that he had secured to himself a thankfull and usefull 
friend, as well as a wyse successor, neither of which he could have promised 
himself by having childring ; for nobody knous whether they begit wyse men 



1679.] JOHN GRAIIAME OF CLAVERHOUSE. 171 

or fooles, beseids that the tays of gratitud and friendship ar stronger in gener- 
ous mynds then those of natur. My Lord, I may, without being suspected 
of self interest, offer some raisons to reneu to you the advantage of that 
resolution you have taken in my faveurs. First, that there is nobody of my 
estat out of your nam would confound there family in yours, and nobody in 
the nam is able to give you those conditions, nor bring in to you so consider- 
able an interest, besids that I will easier obtine your cusin german then any 
other, which brings in a great interest, and contineus your family in the right 
lyne. And then, my Lord, I may say without vanity that I will doe your 
family no dishonor, seing there is nobody you could mak choyse of has toyld 
so much for honor as I have don, thogh it has been my misfortun to atteen 
but a small shear. And then, my Lord, for my respect aud gratitud to your 
Lordship, you will have no raison to dout of it, if you consider with what a 
francness and easiness I lieve with all my friends. But, my Lord, after all 
this, if thes raisons cannot perswad you that it is your interest to pitch on 
me, and if you can think on any body that can be mor proper to restor your 
family, and contribut mor to your confort and satisfaction, mak frankly 
choyse of him, for without that you can never think of geating any thing don 
for your famly : it will be for your honor that the world see you never had 
thoghts of alienating your family, then they will look no mor upon you as 
the last of so noble a race, but will consider you raither as the restorer then 
the ruiner, and your family raither as rysing than falling ; which, as it will 
be the joy of our friends and relations, so it will be the confusion of our 
enimys. I am, my dearest Lord, 

Your most humble and most faithfull servant, 

J. Geahame. 



172 FAMILY AND DOMESTIC LETTERS. [1679. 



169. John Grahame of Claverhouse, afterwards Viscount of Dundee, to 
William eighth Earl of Menteith. 

My dear Lord, — I have delayed so long to give a return to your kynd letter, 
expecting that my man should return from Yrland, that I myght have given 
your Lordship ane accompt of the state of my affaires, but nou that I begin 
to despair of his coming, as I doe of the succes of that voyage, I would not 
loose this occasion of asseuring your Lordship of my respects. I have recaived 
letters from my Lord Montros, who gives me ill neus, that ane Yrish gentle- 
man has caryed away the Lady, but it is not certain, thogh it be too probable. 
Houever, my Lord, it shall never alter the course of our friendship, for if, my 
Lord, either in history or romance, either in natur or the fancy man ther 
be any stronger names or rairer exemples of friendship then these your Lord- 
ship does me the honor to name in your kynd and generous letter, I am re- 
solved not onlly to equall them, but surpass them, in the sinserite and firmnes 
of the friendship I have resolved for your Lordship. But, my Lord, seing it will, 
I hop, be mor easy for me to prove it by good dieds in tyme to com, then by 
fyne words to express it at present, I shall referr myself to tyme and occasion, 
by which your Lordship will be fully informed to what hight I am, my dear 
Lord, your Lordship's most faithfull and most obedient servant, 

Dumfries, February the 14, [16]79. 




My Lord, I hop to hear from you, and knou if you hear any thing of what 

my Lord Montros wryts to me. 
Lor the Eight Honorable the Earle of Menteith. 



1679.] 



JAMES THIRD MARQUIS OF MONTROSE. 



173 



170. James third Marquis of Montrose to [William eighth Eael of 

Menteith.] 

Mugduck, 30 May [16]79. 
My Lord, — I would haue sent the dog this day, but I waited for the letters 
by the last packet, which were some thing late a coming. I send your Lord- 
ship here inclosed the journals of Parliament, which contain all the news 
the Court affords, for ought I know. I met with Claverhous to clay, who is 
sent with his troop, and a troop of dragoons, to guard some arms and ammu- 
nition transported to this countrey. The fanaticks in Clidsdale were yester- 
day so insolent, that a party of them, reported to be about three score hors, 
entred Rugland, burnt the Declaration and Oaths of Alegiance and Supremacy 
in the bon-fire there, and then put it out, intending the like at Glasgow, but 
being advertised that Clauerhous' troop was there, desisted from that inter- 
prise, and dispersed, hauing been pursued by a party of that troop till mid- 
night, tho' in vain. Claverhous tells me he would haue waited on your 
Lordship at this time, if he were not so strictly oblig'd to attend his charge, 
but promises to be with you about pouting -time, at which time you may also 
expect to be waited on by, my Lord, 

Your Lordship's most affectionate cousin and most humble servant, 




For your Lordship. 



174 



FAMILY AND DOMESTIC LETTERS. 



[1679. 



171. James Third Marquis of Montrose to [William eighth Earl of 

Menteith.] 

From the Camp at the Muirhead, 19th June [16]79. 
My Lord, — I motion'd your desire in Counsel before I receiued your letter, 
and it was judg'd so reasonable, that your commission had been granted, had 
the Lords not thought that, by reason of your indisposition, you would haue 
been unfit for that command, but now I do not question your Lordship will 
haue your orders for it. I haue forwarded your letter to General Dalzel, who 
has hitherto only a particular command in our army, but the Duke of Mon- 
mouth is General in Chief, and reaches the army this day. I haue been abroad 
all night, which makes me very drowzy, and therefor I beg your Lordship's 
pardon that I cannot at present insist upon other particulars, hailing only so 
much time as to write myself, 

Your Lordship's most affectionate cousin and most humble servant, 

Montrose. 
For the Earl of Monteith. 



172. Sir James Graham, third son of William seventh Earl of Menteith, to 
his nephew, William eighth Earl of Menteith. 

London, October the 25th 1679. 
My much honored and dear Lord, — Yours of the 25th of July came to my 
hands the 20th of this instant, and I am overjoyed to hear that yow are 
perfectlie recouered of your distemper, and that yow are in very good 
health, and I pray God to continow yow so many years. As for the pain 
of the gowt it is troublesome, but I hope not dangerous. I should haue 
bein hartily glad of the honour of your company in Irland, and I doe assure 



1679.] SIR JAMES GRAHAM. 175 



yow non leiuing should haue bein weelcoiner to my house then yow. Yow 
mention in your letter a toaken that yow wer pleased to send me for Irland of 
six Glascheyll cheisses. I doe returne yow my hartie thanks for it, and I 
hope the nation shall haue credit by them, for I mean to outvy all Irland. My 
Lord, these are to giue yow notice that his Eoyall Heighnes parts from hence 
for Scotland one Munday nixt, and, as I presum, intends to keep his Court 
ther at HoHyroodhouse ; my humble advyce to your Lordship is, that you 
will render your humble dutie and service to his Heighnes, for they say he is 
very kynd to our name. The bearer heirof, Leiutenant Collonell Grahame, our 
cossen, and grandchyld to old Sir Richard Grahame, I beseich yow make much 
of him, and shew him all the fauour and kyndnes that lyes in your power ; 
he is one of the Duke's bedchamber, and keeper of his privie purse. He is 
the fitest person, as I conceiue, to make your adresses to his Eoyall Highnes ; 
he is a very honest gentleman, and one that loues and honours your family. 
My wyff, my sister Menteith, and my girle presents yow with their humble 
service, and Nelly, my daughter, tells me that she will ask your consent in 
her mariage. Shoe is very ill at present of a greivous could, and my wyff 
with a fitt of the ston, or ellis shoe had wreatin to your Lordship. I am 
become old and creasie, and so canot promise myselff the honour and happines 
in seing yow in Scotland. I wish your Lordship many happy dayes, and shall 
euer, whilst I haue being, subscrybe myselff 

Your Lordship's most truely affectionat vnckle and humble servant, 

Ja. Graham. 

I shall desyr yow to lett me know wher I shall adresse my letters to 
yow in Edinburgh, wherby I may keep correspondencie with yow. I in- 
tend to stay heir this winter. If yow please direct your letters to the signe 
of the Blew Boar, at Mr. Gumleye's house, ouer againest St. Clement's 



176 



FAMILY AND DOMESTIC LETTERS. 



[1679. 



Church, in the Strand, London. I beg the fauour to send the inclosed to 

my doughter. 

To the Eight Honorable the Earle of Monteith, in Scotland, — Thes. 



173. William Eael of Menteith to his uncle, Sir James Graham, 

at London. 

Edinburgh, November 18, 1679. 
Much honoured and dear Wnkelle, — Being informed that yow, your Lady 
and daughter ar come over to Ingland, I thought it most convenient to wreat 
those few lynes to yow, that seeing ye was not pleased to accept of the Laird 
of Claverhows to match with that young lady your daughter, I have now 
weell grounded and serious thoughts of a very honourable and noble persone 
in this kingdome, which as I truly suppose may take effect to all our contents 
and satisfaction beyownd any persone that ever yeet was named to hir, and I 
am shure may be a match to the greatest lady in the Isle of Britane, but 
because of the distance of place, that I can not communicat my thoughts in 
this concernment of so noble and honourable a persone without I hade the 
liberty from himselfe, I dare nor will not name him at present ; and because 
affairs of this importance cannot be conveniently done unless all partys wer 
personally present, I doe therfor most earnestly and humbly intreat the 
favour and kyndnes from yow that ye would be pleased to honour me and the 
rest of your freends in Scotland with your presence hear with your noble 
lady and daughter, as soon as possiblely ye can with conveniency doe it, for 
the present satlement of my family and the disposing of Mrs. Helenar, your 
daughter, to a very noble and eminent persone that I shall propose to match 
with hir in marrage, which by the next after that I receav your ansuer of this 
I hope 1 shall give yow a better accompt therof, and who that noble yowng 



1680.] WILLIAM EIGHTH EARL OF MENTEITH. 177 



persone is cal'd, so nothing needs deferr your coming hear, for it is in your 
way horn ward to Irland, and if ye think it necesarry, I shall geet yow a pro- 
tection from the Councell hear that no man can reach yow or any thing that 
belongs to yow for any debt at any person's instance quhatsomeever for four 
or five months tyme, which ashure yourselfe shall be procured from the 
Councell before ye set of from London, or yourselfe may procure a protection 
from the King there. I have no mor to wreat at present, but only ye would 
impairt this to my Lady which I have refered wholly to your letter, to whom 
I present my very humble service and respects, and to Mrs. Helinar, your 
daughter. I earnestly desyre the ansuer of this by the first post after it comes 
to your hands. I bid yow hartily farweell, and I am, ever as it becomes, 
dearest unkell,' 

Your most affectionat nephew and very faithfull servant, 




Sir, — I crave yow and my Lady pardone that I have mad use of aue other hand. 
These for Sir James Grahame, at London. 

174. The Same to [James thied Marquis of Montrose.] 

Yle, 4 January 1680. 
My deirest Lord, — I receaved the enclossed, and indeed I hav neid to hav 
serious thoughts on it, which I most confess can not be doon at distanc, a 
mater of so great concern as it is. I hop your Lordship will not be offended 
nor angrie with me that I delay only for aught or nyn dayes tym to stay in this 
contry, wher I hav got a perfyt recoverie of my health to admiration. I bliss 

z 



178 



FAMILY AND DOMESTIC LETTERS. 



[1680. 



the great God of heaven and earth for his goodness to me, so for that litle tym 
I hop your Lordship will pardon me, your faithfull servant ; for befor the 1 5 
instant I sail, God willing, surly attend your commands at Edinburgh, for I'll 
ryd quickly theron. I'll not wreat no affair bot only this, that I am exceeding 
sorie that I cannot get on bout of thir rebells befor I go from this. Your Lord- 
ship may surly exspect my beeing at Edinburgh befor the 1 5 of this mounth, 
for I'll leav all things whatsomevir to attend for the advancment of your 
Lordship's honor and intrest, and any thing that can contribut to giv you 
reposs and content, which surpasses all earthigly enjoyments. I wold fain 
mak my letter speak the thoughts of my mind, bot that I hold it nether saff 
nor convenient to doe it at distanc an affair of so great concern of the noblest 
and the most generous freind that 's amonst men, for soe is your Lordship 
uhos intrest I hold deirrer then the life of 

Your Lordship's truly affectionat and most obedient servant, 

Menteith. 



My Loed, — Only one thing mor I hav to say. Iff ther be any forces raised and 
levied for his Majestie's servic heir in Scotland, I hop your Lordship will be 
humbly pleased to speak to his Eoyal Heiglmess, that I may get sum 
command of foot, that I may try what I can doe in all uhat concerns both his 
Majestie's and his Boyall Heiglmess' intrest, for ther is nothing on earth that 
I lov so weell as to be in a just war for my King and Erince, tho' I uas never 
so fortunat to be in any plac to sho myself what is in me, tho' verie mein, 
yet I assuir your Lordship I wold cordially doe with a most uiling meind 
to be witness to your Lordship's most heiroick actions, tho' heirtofor ye 
hav denyed me this honor, bot I hop ye wiE mak amends, if I dare say, 
for a fault uich indeed in no other thing your Lordship did never disoblidg 
me, bot only in hindring me to attend yow in the last exspedition, bot I hop 






1680.] JAMES THIRD MARQUIS OF MONTROSE. 179 



a little tyra may produce a furder bout wlierby your Lordsbip sail be uaited 
on with all the desyre imaginable by, right honorable, 

Your Lordship's ever faitbfull and devoted servant, 

Menteith. 
I hav not styet your servant bot till this day at nyn lioures. 

1 75. James third Marquis of Montrose to [William eighth Earl of 

Menteith.] 

Edinburgh, 20th January 1680. 
My Lord, — The very next morning after I receiued yours of the 12th by the 
bearer, I went and communicated what it enjoyned to General Dalziel. His 
advice was that I should acquaint the Duke with the affair, which I likewise 
did. His Highnes was extremely pleased with your forwardnes to suppress 
those seditious and disorderly meetings, and commanded me to detain the 
bearer till the General, who was gone that day to the countrey, should return, 
which I did. His Excellence came but last night to town, and this morning 
I went to wait on him. At first lie seemed willing to grant your Lordship's 
desire, but hauing, after further deliberation, found that he was not sufficiently 
empowered to glue such commissions of himself, judged fit to protract the 
busines till Thursday next, when in Counsel he promises to represent it to 
the board, and press earnestly their determination in it. I question not the 
result will proue to your Lordship's satisfaction, and yow may prosecute the 
design with more security, being prop'd by so great an authority. I will not 
fail to advertise you by an express of all that may relate to that affair. In 
the mean time, I remain, with the wonted respect, my Lord, 

Your Lordship's most affectionate cousin and most humble servant, 

Montrose. 
For your Lordship. 



ISO 



FAMILY AND DOMESTIC LETTERS. 



[1680. 



176. William eighth Earl of Menteith to James third Marquis of 

Montrose. 

Yle Menteith, 27 Maij 1680. 
My Lord, — I receaved a long letter from my unkle, Sir James Graham, his 
Ladie, to me, shouing that your Lordship from the verie first, that you never 
intended to marie my cusing germain, and that my Lord Chancelor's daughter 
is the person that 's pitched upon, and that they had not seen your Lordship 
hot tuyse this mounth, wich as it seems to them ye declin the bussiness, 
altho' my unkle and his Ladie thought it in a maner ended, and to tak auay 
all excusses that after might follou, they resolved to mak up that four hunder 
and fyftie pund starling a year by selbng that uich uold losse them three 
tymes als much by the doing of it, bot they choyse rather to doe so then 
suffer the inconveniences of sham and dishonor ; and that your Lordship was 
pleased that the signatur to the King to pass it, without ever as so much 
acquanting Sir James that your Lordship was to doe suche a thing, uhich, 
uhen my unkle hard he went to Windsor, and sought for you, my Lord, both 
in toun and Court, to knou the certantie if your Lordship intended to marie 
his daughter, that he uold goe along uith you for the passing of it, bot 
he could not feind your Lordship, wherfor he uent to the King, and asket 
his Majestie if he had seen such a signatur. The King said Yes, bot he would 
not pass it ; for, said his Majestie, the honor is in it ; uhereupon Sir James 
told the King that it uas upon exspectation of a match betuixt your Lordship 
and my cusing, his daughter, uich if that was doon the King's Majestie uold 
doe all that was desyred ; and yet, my dear Lord, I feind that all along in my 
Ladie's leter to me shee does not trust manie persons uold her belive strange 
things of your Lordship, uich I am verie confident that ther is no person in 
the woreld shee hes a more singular respect then for you, my Lord. Therfor 






1680.] WILLIAM EIGHTH EARL OF MENTEITH. 181 



seeing that my imkle, Sir James, and his Ladie is so resolved to mak up that 
four hunder and fyftie pund Stirling yearly to your Lordship, I truly exspect 
you will not mak a furder delay in going on to put a closs to the match, and 
that all the uoreld may see that your Lordship hes been all alongs such a 
noble person of tru uorth and honor, that you aluays scorn'd to doe anj un- 
uorthie action, hot to perform that uich your Lordship had so solemnlie en- 
gadged to me upon your word of honor, to marie Sir James' daughter ; for the 
great God of heaven and earth knous that it was my first proposall to your 
Lordship, that if ye should marie that young ladie, my cusing, ye should get 
my esteat to help her fortun, if I uanted heirs meale of my owen bodie, only 
that the tuo famjlies shovdd never be in on, bot that the houses of Montros 
and Menteith might be preserved by this honorable way, and in uhat maner 
your Lordship so nobly, keindly, embraced me for that proposition, and at that 
tym most solemnje engadged, upon your Lordship's faith and uoord of honor, to 
marie my cusing, uich you, my Lord, did afteruards manye hunder tymes con- 
firme the samyn by manyie protestations of the reallitie of your Lordship's 
intentions that uay, uich I did everie day reneu to you untill I had gotten 
all firm assurrances that on man culd give to another, uhen I afteruards gav 
your Lordship that disposition uich is betuixt us. My Lord, it is to tru 
that I had loot tuo letters sine your Lordship uent to London, and ther was 
not scare on uord in them concerning my cusing, bot verie litle or nothing 
uorth of moment, uich in ureitting so offten to your Lordship, abov 18 letters, 
and all concerning the maraig betuixt your Lordship and hei - , that I never 
receaved no ansyre from your Lordship, uich indeed mak me begin to grou 
jeilous of the realitie of your Lordship's intentions that uay, and I pray 
God that I hav no reason to complein, for if I had stayed and not subscryved 
that disposition, it had gon on farr mor esle then it's likly to doe nou. 
Bot I uill not lay no hold on no reports untill I heir from your Lordship's 



182 



FAMILY AND DOMESTIC LETTERS. 



[1680. 



self uliither or not you intend to marie Sir James' daughter or not, and 
efter that I feind that your Lordship uill not chang your faithfull promiss to 
me, uich ye engaded to perform by all that's good and holly, afteruards, 
uhen I hop fully to see so noble a person as your Lordship doe so honorable 
ane action, then the uorld uill see that your uords and actions is all on ; 
bot if alluays, as God forbid it should fall out, that you, my Lord, uold not 
marie my cusing, I fear the consequenc uold fall ve[ry] il for both our persons 
and famjlies, uich I trust, by God's mercie, that I sail never see nor heir the 
lik, bot, for my ouen part, the uorld hes seen that I have doon honorable and 
sincerly from the first to the last, tho' indeed yet I hav not found anything 
from your Lordship nether suittable to my dealing, nor yet your manje 
promisses to me. Bot the great God, that knoues the sacrets of all harts, 
he only knoues uhat I have doone in reall effect to your Lordship, so 1 hop a 
reall and sincere performance of all the things your Lordship faithfull pro- 
mised me, and mor espissalie to marie Sir James Graham's daughter, uich, 
till I knou from yourself the truth or untruth of all thos things that is 
reported, I uill never beliv them, and till I heir furder, I will suspend my 
iudgment, and God Almightie direct your Lordship aright in all your uays 
to doe that uich is honorable and just, altho' all the uorld should say the 
contrair, till I knou the truth therof from yourself, I uill not beliv it. So 
exspected your Lordship's full and reall ansyre, uich is earnestly looked dayly 
for by 

Your Lordship's most affectionat cusing and faithfull servant, 

Menteith. 



My Lord, this seall is my ouen, and I am exceeding sorrie ye do not ansyre 
non of my letters, tho' I hav written 18 leters sine ye went from Leith. 

Thes for my Lord Marquis of Montros, at Court, Ingland. 






1680.] JOHN GRAHAME OF CLAVERHOUSE. 183 

177. [John Grahame of Claverhouse, afterwards Viscount of Dundee, to 
William eighth Earl of Menteith.] 

London, July the 3 [c. 1680]. 
My Lord, — Whatever wher the motives obliged your Lordship to cheange your 
resolutiones to me, yet I shall never forgate the obligations that I have to you 
for the good desseins you once had for me, both befor my Lord Montrose cam 
in the play and after, in your indewering to mak me nixt in the tayly, espe- 
cially in so generous a way as to doe it without so much as latting me knou 
it. All the return I am able to mak is to offer you, in that franc and sincere 
way that I am known to deal with all the world, all the service that I am 
capable of, wer it with the hazard or even loss of my lyfe and fortun. Nor 
can I doe less without ingratitud, considering what a generous and disinter- 
ested friendship I have found in your Lordship. And your Lordship wdl doe 
me, I hop, the justice to aknouledge that I have shouen all the respect to 
your Lordship and my Lord Montrose in your second resolutions that can be 
imagined. I never enquyred at your Lordship nor him the reason of the 
cheange ; nor did I complain of hard usadge. Thogh really, my Lord, I must 
bygue your Lordship's pardon, to say that it was extreamly grievous to me to 
be turned out of that business, after your Lordship and my Lord Montrose 
had ingadged me in it, and had wryten to Yrland in my faveurs, and the thing 
that troubled me most was that I feared your Lordship had mor estim for my 
Lord Montrose then me, for you could bave no other motive, for I am seur 
you have mor sense then to tbink the offers he made you mor advantagious 
for the standing of your family then those we wer on, for he would have cer- 
tenly mad up his owen, and I would have brought in all myn to yours, and 
been perfaitly yours. Sir James and I togither would have boght in all the 
lands ever belonged to your predecessors, of which you would have been as 



184 



FAMILY AND DOMESTIC LETTERS. 



[1680. 



much maister as of those you ar nou in possession ; and I am sorry to see so 
much trust in your Lordship to my Lord Montrose so ill rewarded. If you 
had contineued your resolutions to me, your Lordship would not [have] heen 
thus in denger to have your estate rent from your family ; my Lord Montrose 
would not have loosed his reputation, as I am sorry to see he has don ; Sir 
James would not have had so sensible an afront put upon them, if they had not 
refused me, and I would have been by your Lordship's faveur this day as hapy 
as I could wish. But, my Lord, we must all submit to the pleaseur of God 
Almighty without murmuring, knouing that evry body will have there lote. 
My Lord, fearing I may be misrepresented to your Lordship, I think it my 
deuty to acquaint your Lordship with my cariadge since I cam hither in rela- 
tion to those affaires. So soon as I cam, I told Sir James hou much he was 
obliged to you, and hou sincer your desseins wer for the standing of your 
family ; withall I told him that my Lord Montrose was certenly ingadged to 
you to mary his dochter, but that from good hands I had raison to suspect he 
had no dessein to perform it ; and indeed my Lord Montrose seemed to mak 
no adress there at all in the begining, but hearing that I went somtymes 
there, he feared that I might gate ane interest with the father, for the dochter 
never apeared, so observent they wer to my Lord Montrose, and he thoght 
that if I should com to mak any friendship there, that when he cam to be 
discovered I might com to be acceptable, and that your Lordship might turn 
the cheass upon him. Wherfor he went there, and entred in terms to amuse 
them till I should be gon, for then I was thinking evry day of going away, 
and had been gon, had I not fallen seek. He contineued thus, making them 
formall wisits, and talking of the terms, till the tyme that your signature 
should pass, but when it cam to the King's hand it was stoped, upon the 
acount of the title, conform to the preperative of my Lord Caitness. My Lord 
Montrose, who, during all this tyme had never told me any thing of these 



1680.] JOHN GBAHAME OF CLAVERHOUSE. 185 

affaires, nor almost had never spok to me, by Drumeller and others, leat me knou 
that our differences proceeded from mistakes, and that if we mate we might 
com to understand on another, upon which I went to him. After I had satisfyed 
him of som things he complained of, he told me that the title was stoped, and 
asked me if I had no hand in it ; for he thoght it could be no other way, seing 
Sir James concured. I asseured him I had not medled in it, as befor God I 
had not. So he told me he wo^^ld setle the title on me, if I would assist him 
in the passing of it. I told him that I had never any mynd for the title out 
of the blood. He answered me, I might have Sir James' dochter and alL So 
I asked him hou that could be. He told me he had no dessein there, and that 
to secur me the mor, he had given comission to speak to my Lady Eothes 
about her dochter, and she had recaived it kyndly. I asked hou he 
would com of, — he said upon ther not performing the terms, and offered to 
serve me in it, which I refused, and would not concur. He thoght to mak 
me serve him in his desseins, and brak me with Sir James and his Laidy ; 
for he waint and insinuated to them as if I had a dessein upon their 
dochter, and was carying it on under hand. So soon as I heared this, I 
went and told my Lady Graham all. My Lord Montrose came there nixt 
day and denyed it. Houever, they went to Windsor and secured the signature, 
but it was alrady don. They have not used me as I deserved at ther hands, 
but my dessein is not to complain of them, and they had raison to trust in- 
tierly on whom your Lordship had so strongly recomended. After all cam to 
all that Sir James offered to perform all the conditions my Lord Montrose 
requyred, he knew not what to say, and so, being asheamed of his cariadge, 
went away without taking lieve of them, which was to finish his triks with 
contemp. This is, my Lord, in as feu words as I can, the most substantiall 
pairt of that story. My Lord Montrose and som of his friends indevored to 
ruin that yong laidy's reputation to gate an excuse for his cariadge, and 

2 A 



186 FAMILY AND DOMESTIC LETTERS. [1680. 

broght in my name. But I mad them quikly quyt those desseins, for there 
was no shadew of ground for it. And I must say that she has suffered a great 
deall for to complay with your Lordship's desseins, but could not doe less con- 
sidering the good things you had desseined for hei', and treuly, my Lord, if 
you ken her, you would think she deserved all, and would think strange my 
Lord Montrose should have neglected her. My Lord, I know you want not 
the best advise of the nation, yet I think it not amiss to tell you that it is 
the opinion of evry body that you may recouer your estate, and that you 
oght to com and make your case knouen to the King and Deuk. Your 
family is as considerable as Caitnes or Maklen, in whose standing they 
concern themselves highly. My Lord, you would by this means recover your 
affaires ; you would see your cusing ; and you and Sir James would understand 
on another, and tak right mesures for the standing of your family. If you 
lat your title stand in the airs male, your family must of necessity perish, 
seing in all apearance you will outlieve Sir James, and then it would com to 
the nixt brother, who has nether airs nor estate, so that your only way will 
be to transfer the title to that young laidy, and gate the father and mother to 
give you the disposing of her. The Deuk asseurs me that if my Lord 
Montrose would have maryed her, the title should have passed, as being in 
the blood, and that it may be don for any body who shall mary her with your 
consent. My Lord, if I thoght your Lordship wer to com up, I would wait to 
doe you service ; for your oncle is old and infirm. My Lord, I hop you will 
pardon this long letter, seing it is concerning a business touches you so neer, 
and that of a long tym I have not had the hapiness to intertain your Lord- 
ship. Tyme will shoe your Lordship who deserves best your friendship. 
My Lord, things fly very high here ; the indytments apear frequently against 
the honest Deuk, and I am feared things must brake out. I am sorry for it ; 
but I knou you, impatient of the desyr of doing great things, will rejoyse at 



1680.] JOHN GRAHAME OF CLAVERHOUSE. 187 



this. Asseur yourself, if ever ther be baricades in Glascou again, you shall 
not want a call ; and, my Lord, I bespeak ane imployment under you, which 
is to be your lievtenent generall, and I will asseur you we will mak the world 
talk of us. And therfor provyd me treues, as you promised, and a good bleu 
bonet, and I will asseur you there shall be no treuse trustier then myn. My 
Lord, dispond not for this disapointment, but shou resolution in all you doe. 
When my affaires goe wrong, I remember that saying of Loucan, Tam mala 
Pompeii quam prospera mundus adoret. On has ocasion to shou there 
vigeur after a wrong stape to make a nimble recovery. You have don 
nothing amiss, but trusted too much to honor, and thoght all the world hald it 
as sacred as you doe. My dear Lord, I hop you will doe me the honor to late 
me hear from you, for if there be nothing for your service here I will be in 
Scotland imediatly, for nou I am pretty well recovered. I knou my Lord 
Montrose will indevor to misrepresent me to your Lordship, but I hop he has 
forfited his credit with you, and anything he says to you nou is certenly to 
abuse you. My Lord, I have both at horn and abroad sustained the caracter 
of an honest and franc man, and defys the world to reproach me of anything. 
So, my Lord, as I have never fealed in my respect to your Lordship, I hop 
you will contineu that friendship for me which I have so much ambitioned. 
When I have the honor to see you, I will say mor of my inclination to 
serve you. I will bygue the favour of a lyn with the first post. I am, 
my Lord, 

Your Lordship's most faithfull and humble servant, 

J. Grahame. 

Excuse this scribling, for I am in heast, going to Windsor, thogh I wryt tuo 
sheets. 



188 FAMILY AND DOMESTIC LETTERS. [1680. 



178. John Geahame of Claverhouse, afterwards Viscount of Dundee, to 
William eighth Earl of Menteith. 

London, July the 8 [1680.] 
My Lord, — I knou not if myn came to your Lordship's hands, wherin I gave 
you a full account of all that has passed here concerning your Lordship's 
affairs, and I hop you will give faith too it. All I dessein is to inform your 
Lordship, so that you may not be abused by those who desseins ill betuixt 
you and your oncle, apurpose to ruin your family. I will bear them that 
testimony, that they have gone so great a lenth to cornplay with your Lord- 
ship's desseins, that they have don things far belou there quality for to oblidge 
my Lord Montrose, and the yong lady cannot be but sensible of the affront 
that is don her by this neglect, after your Lordship had procured her consent, 
and her father and mother made so great advances. But they regrait nothing, 
as they say, seing they have had ocasion to testify there respects to your 
Lordship, and to shoe the world hou great a desyr they had to preserve your 
ancient family. Speaking with the Deuk the other day concerning the 
Maclen's business, which is nou setled, I took ocasion to tell the Deuk that 
your Lordship's case was very hard, and mad him understand a litle the 
business, as far as could be don without wronging my Lord Montrose' reputa- 
tion too much, which I should be unwilling to doe, whatever he doe by me. 
The Deuk sheuk his head, and said it was not ryght. I said nothing, seing 
I had no comission, and that it was only by way of discours. My Lord, I 
owe you all the good offices ar in my pouer, and if you will imploy your 
friends, I doute not to see you again maister of your owen affaires, which 
is the thing [in] the world I wish most. I am going, for oght I knou, to 
Dunkerk with the envoyes to see the Court of France. I am only to be 



1680.] JOHN GRAHAME OF CLAVEEHOUSE. 189 

away aight days, so your Lordship may lay your comands on me. I am, 
my Lord, 

Your Lordship's most humble servant, 

J. Gkahame. 

For the Earle of Mentieth, at Edinbourg. 



179. The Same to the Same. 

London, August the 24 [1680.] 
My Lord, — I wes very glaid at the recait of yours to hear that you wer in 
good health, and am very sensible of the kynd expressiones of your Lordship's 
friendship, which I shall by all meens indevor to deserve. I was snrprysed 
at the reeding of your Lordship's letter to hear that my affaires went ill in 
Scotland, and had been mor alarumed had I not by the same post had a lyn 
from on who has the direction of all my affaires, who asseured me they wer 
never in better order, both the affaires of my estate and troup, only ther was 
a stop in the passing my signatur of the forfitur, and I stayed here a purpos 
for to secur it, which nou, I think, I have don, tho' I never had raison to fear 
it, notwithstanding all oposition I had, and the King and Deuk, my friends. 
My Lord, I hop your Lordship did not mistak the dessein of my letter to you, 
which was only to inform you of my cariadge, least I might be misrepresented 
to you, and to offer you my service in the recoverie of your affaires, being 
informed that you was resolved to put yourself in your owen place. This I 
owed to your friendship, and to the good wishes I have for the standing of 
your ancient family. But, as I have always been, I shall be still far from 
pressing you anything in faveurs of myself. I think you will not tak in ill 
pairt that I wish you not to suffer so noble a family to fall, in the standing of 
which I know you have so much concearn, as that I believe you mak it your 



190 FAMILY AND DOMESTIC LETTERS. [1680. 

only care, your honor and memory being inseparably attached to it, but the way 
to doe it I leave to yourself, as the only propre judge ; whatever way you doe 
it, I shall asseur you of my weak indevors. Your oncle and laedy think strange 
you never wryt for them. They say they have never don any thing to dis- 
oblidge you, and really, my Lord, they have got a great slight put upon them 
by complaying with your deseirs, nether is it fit to loose them, for I have heard 
my Lady say that if her dochter dayed, she had resolved to leave to recover 
your family the best pairt of her estate. I am, with all the sincerity imagin- 
able, my Lord, 

Your Lordship's most humble servant, 

J. Grahame. 

My Lord, your cousin has been seek these ten days of the small poks, but 
in all apearance will recover, tho' she has tham mighty ill. I will have the 
honor to see your Lordship shortly. 

180. John Duke of Eothes, Chancellor of Scotland, to William eighth 

Earl of Menteith. 

Edinburgh, 2d September 1680. 
My Lord, — Wee receaved your letters of the eleventh and twelth of August 
last, with the information inclosed therin, and by them wee find that your 
Lordship hes taken great care and beene at extraordinarie paines in searching 
for conventicles, and apprehending rebells and vther disorderlie persones who 
frequented the same, wherin yow having given a signall instance of your zeale 
in his Majestie's service, wee have represented the same to his Majestie, and 
wee doe returne yow our heartie thanks. As for Arthur Dougall, before your 
letter came to our hands, hee was, by order of a Committee of Councill, sett 
at libertie, vpon caution to appeare before the Councill the first Councill day 



1681.] WILLIAM EIGHTH EARL OF MENTEITH. 191 

of November next. And now, vpon the receipt of your letter, wee have ordored 
his cautioner to bee charged vpon his band to present him, and it is appoynted 
that in tyme coming no persones apprehended by yow bee liberate vntill yow 
bee accmainted therwith. As for Harie Dow of Polder, wee doe impower yow 
to sett him at libertie, vpon caution to appeare before the Councill ; and ordor 
is given to the Magistrates of Stirling and vther burghes to receave into their 
prisones such persones as shall be presented by yow, or any having your war- 
rand. Ane extract of which ordor is here inclosed. And in your prosecution 
of his Majestie's service, your Lordship may expect all due encouragement 
from ws. Signed be warrand, and in name of the Councill, by 
My Lord, your Lordship's humble servant, 

Eothes, Cancell, I.P.D. 

Since the wryting of this letter, vpon a petitione given in by Harie Dow, re- 
presenting that hee is prisoner in the Tolbuith of Stirling, the Councill has 
ordored the Magistrates to sett him at libertie, vpon caution, vnder the paine 
of 2000 merkes, to compeir before the Councill the first Thursday of Novem- 
ber next. 

For the Earle of Monteith,— These. 



181. William eighth Earl of Menteith to James third Makquis of 

Montrose. 

Ill, Junij 27, 1681. 
My Lord, — One Munday and Twsday last Drumakill aud Arnpryer came to 
me heir in the Isle, where there was mead a sad and heaivj complent be 
Drumakill that your Lordship head takin a right to all the superioratyes of the 
most of ther name from the Lord Napper, which Drumakill said that the 



192 



FAMILY AND DOMESTIC LETTERS. 



[1681. 



disposition to him of these rights was fullye drawen betuixt him and the 
Lord Napper's factoures befor your Lordship cam in plea, but Arnpryer 
ansvred tliat my Lord Napper himself head given a promise to your Lordship 
when yow was at London, that if he sould these superioraties to anye person, 
he wold give the first offer to you ; the reswlt that Drumakill, Arnpryer, and I 
concluded wpon that I should wreat, which is this to your Lordship, that 
wheras Drumakill holds a rowme called the Mose, which he holds feu of your 
Lordship, this is his desyre, that he might reqwit of that holding of the Mose, 
and tak that roume holden of the Kinge, and that your qwiting of his hold of 
the one, he wold tak the roume and landes off Baliconachi, holdn of your 
Lordship, so by this meins you, my Lord, are still Drumakill's superiour, so 
that for maney and waighty reasounes, I doe presume to counsell your Lord- 
ship not to disoblidg Drumakill in this his humble requist, which, in my 
judgment, is a rasonall desyr for your Lordship's intrest of those pearts, and, 
indeid, he professes a great deall of kyndnes and service to yow. You are 
pleas'd to wreet that Laney hes employed the Lord Cardross to bring your 
Lordship to ane acomoudatione conserning Buchanan's bussiness ; what yow 
mean therby I cannot wnderstand, but this I know, that I head rether your 
Lordship head neuer put hand nor midled with these landes, if yow heave a 
mynd to qwit them so qvicklye, for the Lord Cardross lies sold the landes off 
Strogertner to Eobert Stewart, the treterous son of that crwell murderer of my 
faither, who was his Lord and master. Cardross hes onley don this that he 
might be the mor powerfull to oposse the name of Grahame heiraway, and 
refused to sell these landes to so noble a person as the Earle of Perth, who is 
a good neighbour and a noble freind to all the name of Grahame. Cardross 
hes lykwise most falslye broken his promise to Patreck Grahame, Buchopell 
son, after he head given his hand and faith to him that he wold sell him the 
landes of Bochopell, and that he wold doe nothing therm till the twelt of 



1.681.] WILLIAM EIGHTH EARL OF MENTEITH. 193 



Junij, imeadlye after Patreck was gone, he sold Bochopell to one Hygins, 

a great fanactick and trustj of Cardross. All these things he hes done 

againest the hous of Monteith, and when he is so wnjust to vis, he will newer 

be true to the noble and anchent familye of the house of Montrose. But your 

Lordship is wyse anwgh to consider all things, and doe in them as it pleases 

you ; but I conceaw'd that it could not subsist with our relatione and 

freindship, but to acqvant your Lordship with all these things, tho' pos- 

sablie you mak me a streanger to your affears, yet yow shall not be so with 

myn, for in spyt of fate, I resolw allwayes to continwe, 

Your Lordship's ewer affectionat cousune and faithfull servand, 

Menteith. 
For the Marquiss of Montross. 



182. William eighth Eakl of Menteith to James third Marquis of 

Montrose. 

Ille, 27 of Junij 1681. 
My deir Lord, — Your generous actings and noble endeuors for the standing 
and good of my family, does windicat to the world your Lordship's honnovr 
and repwtatione from these fals and wnjust aspersions that sum wnvorthy 
and seditius persones, tho' they be of no mein qualatie, uold mak all men 
beliwe that your Lordship's intensions wer to build wp your own feamilie on 
the rwins of min, as it is too oftn wreitn to me by their malicious letters, to 
put a jealousie betwixt your Lordship's freindship and myn, which they shall 
be neuer able to doe, for I still perswad myself mor and mor off your candid 
ingnwatie and faire and plean dealing of your Lordship's reall intensons, 
that my famalye may nourish in my own persone, and if it ware the Lord's 
will that I had sons to succid in my esteat and fortowne, which manye persones 

2 B 



194 FAMILY AND DOMESTIC LETTERS. [1681. 

wold gleadlye mak me beliwe that your Lordship wold heave it otherwyse. 
Be this freedoome your Lordship may perseawe that I doe not giue credit nor 
beliife neither to thair words nor wreatings ; and as your Lordship lies begune 
happalie to effectwat a spidye and right course and method for the reliving 
of the pressing dets of my pouer tho' ancient feamalie, for, indeid, I wanted 
so noble a freind as your Lordship to procure from the King's Majestie sum- 
thing of what was owing to my grandfather and father by the Kinge, till 
the great God reased wp your Lordship, the onley pearsone and instrument 
to deall with his Eoyall Highnes and otheris great persons in asisting yow 
to get from the King's Majestie sum considerable sume of money for the relife 
of my fortowne, which I pray God it be quicklie donne, seing your Lordship 
hes put hand vnto it, which now I begine to heave good hops for the desyred 
and wished for peryod, in paying off these creditors off my esteat that 
thought to mak thair owne gean of it, which I trust shall be otherwyse. My 
Lord, the continouanc of this gutish howmer in both my hands, feete, and knies 
is so styfe that I am not able either to ryd or goe aney way off, as is too Weill 
knoune to all that sies me, which is note a fewe sies and knowes that I am 
extremlie onable to goe to Edinburgh, which I greatlie feare that I cannot 
com to the enshowing Parliment, which, indeed, it griues my mynd excid- 
inglie, for all that is in my power whill I heave a being to the outmost 
perrall and heasard of my lyfe and fortowne, with a full asurance that I will 
stand by and adheir wnto the royall intrest as my predisessoris did befor me, 
as I hop the King's most sacrad Majestie nor His Eoyall Highnes will not 
question nor dout of my loyaltie ; and if your Lordship thinck it fitting that I 
wreet a leter to his Eoyall Highnes that I cannot atend the Parliment by 
reasone of my inibilatie of bodie, by the nixt I will wreet on for both, as your 
Lordship thincks reqvisit ; but if I be beter in health then now I am agan the 
siting of the Parliment, then I will seurlie be thair, which I hwmblie intreat your 



1681.] WILLIAM EIGHTH EARL OF MENTEITH. 195 



Lordship be pleas'd to inqyyre for sume Earl's robs for me, because our oune 
was destroy'd in the Ein[g]lish tyme, and if I be able and anye wyse in health 
I will not feall to come, but if otherwyse, the lawfulnes of my excuse will plead 
my pardone at His Hyghnes' handes. My Lord, be pleased to present my 
werye humble servise to my speciall good Ladey, to whom I heave sent 
sume chiries, to kiss hir fair handis, who blushes that they are not worthe 
to present themselves to so vertious and excelent a Ladey ; so uith my good 
wishes and prayeris for you both and all your conserns, 1 humblie creawe liwe 
to subscrive myself, and remans alwys, my deir Lord, 

Your Lordship's still affectionat cousine and most obediant servant, 

Menteith. 

I cannot hold the pen with my ouen hand steadie, elis I had written with it 
to your Lordship. Let me know when my Ladie will lay in, that I may send 
the best things that our feilds afourd. 
For the Marquis of Montrose. 

183. William eighth Earl of Menteith to James third Marquis of 

Montrose. 

IU, Jun the 27, 1681. 
My deir Lord, — After cerious consideration with myself, I thinck most fiting 
and proper for me that I com to Edinburgh, God willing, agaue the siting of 
the Parliment the twenti awght of the nixt month. In ceass that I showld stay 
from the Parliment, his Royall Hyghnes might tak exceptiones, and be 
offended at me if I ware not at the doune sitting thairoff, and possablie might 
doe me much hearme in that bussines your Lordship hes in hand conserning 
my affaer with the King. Therfor I am fullie resolued to be at Edinburgh 
agane the twenty of Jwllay at fardast, wherfor I humblie intreat your Lord- 



196 FAMILY AND DOMESTIC LETTERS. [1681. 

ship to prowid and get the lene from sume Earle thair robs, fite mantle, and 
wellwat coats, and all things that belongs to Parliment robs. I will heave four 
footmen in liwra. Ther is no doubt but ther is sewerall Earles that will not ryd 
the Parliment. Therfor be humblye pleased to get the lene of to me of sume 
Earle's robes onley for a day to ryde in the Parliment, and they shall be cear- 
fulie keipt be me that none of them be spoylt, for all the robs that belonged 
to my grandfather was destroyed in the Einglish tyme. The last tyme when I 
reid the Parliment, I eearied the Secepter, and I head the lene of the deces'd 
Earle of Lowdian's robes, but it may be that this Earle will reid himself. I 
hop your Lordship will get the lene of robs to me from sume Earle or other, as 
also the lene of a peacable horse, because I am werie wnable in both my foot 
and both my handes as yet. I thought good to acqwant your Lordship of this 
beforhand in a letter by itself. Hoping to receave tuo lynes of ane answer 
of returne thairto from your Lordship, I pray let me know iff his Hyghnes 
will be woiceroy at this Parliment, or who it is that will represent the King. 
I expect all the news from your Lordship, but on no termes doe not keip 
the bearar heirof, who is my gardner ; he must surlie be at horn agan Thurs- 
days night, so not willing to give farder trouble, I remaine wncheangablie, 
my deir Lord, 

Your Lordship's most affectionat cousine and faithfull servant, 

Menteith. 
Thesse for my Lord Marquis of Montross. 

184. William eighth Eakl of Menteith to Colonel Graham, brother to the 

Viscount Preston. 

At the Yle of Menteith, 4 July 1681. 
Much honnoueed Cousing, — I doe think myself verie much obleiged to Sir 
Richard Graham, youre brother, who is now Lord Viscount Prestowne, and to 



1681.] ISABELLA, WIFE OF SIR JAMES GRAHAM. 197 

yourself. All your house being lineallie descended of Alexander Earle of 
Menteith, who was ealdest sone to Earle Malice, his father, my predecessors ; 
and I and rny familie of Menteith are verie much honnoured to have so many 
noble and brave gentlemen descended of our familie, which I pray the Lord 
to increass them more and more, that they may be many such as you are. I 
have subscriuit what you did send me — the Borbrife, and did fill in with my 
oun hand day and place, and the witness' names, subscribing to my subscrip- 
tione, quhich be pleast to receive here incloset, with my verie humble service 
to my Lord Prestoune, your brother, and yourself. I intend to be in Edin- 
burgh the nixt weik myself, at quich tynie I'le wait upon you, noble Sir. I 
do always resolve to continue, honoured Sir, 

Your most affectionate cusin and humble servant, 

Menteith. 

For my much honnoured cousing, Corronell Graham, Keeper of the Privouie 
Purse to His Koyall Highness at Court, Edinburgh. 



185. Isabella, wife of Sir James Graham, to William eighth Eakl 

of Menteith. 

London, July 15th [16]81. 
My Lokd, — Your Lordship was pleased to propound for the better standing of 
your antient famely (in the name and blood) a match betwixte Cleauerhouse 
and my doughter, and, by your Lordship's aduise to him, he has preste it so 
much that I haue complied soe farr with your Lordship's desires as to waue 
the propositiones of two matchis, that the worste of them has two thousand 
pounds a yeare besides a troope of horse and a faire prospecte of many 
thousandes more, till such time as I heare what is your Lordship's pleasuer 
conserning the setlement of the honour of your ancesters, and the recouering 



198 FAMILY AND DOMESTIC LETTERS. [1681. 

of such landes as formerly belonged to them, for except your Lordship be 

very willing to assist as farr as you cann with conueniencie in those two 

pertecuelers you cannot blame me to decline all thoughtes of matching her in 

Scotland, wheare she would be a daly spectator of the rueines of that noble 

famely she came from ; my designes in matchin her there being onely to helpe 

to regane the ould estate to the honouer, and both to be setled, failling your 

Lordship and your heares male, on her after her father and her ishue in the 

blood and name. I desire your Lordship's answer to these pertecuelores, and 

that it may be poesatiue, soe that I may knowe howe to dispose of my dough- 

ter, and setle myselfe. If I heare noe answer from your Lordship, I may 

concluid that you doe not rellish these propositiones. Howeuer, I shall 

allwayes remane, my Lord, your Lordship's most faithfull and most humble 

seruante, , „, 

Isa. Gkahame. 

Sir James, my sister, and daughter has ther humble seruis to your Lordship. 
These — For the Eight Honorable the Earle of Munteith, Edinbrough. 

186. John Geahame of Claverhouse, afterwards Viscount of Dundee, to 
[William eighth Earl of Menteith.] 

London, October the 1, [1681.] 
My dear Lord, — In enswer to what your Lordship was pleased to wryt me, 
concerning the information a certain person gave you, that I should have 
given ill caracters and said things of your Lordship to my Lord Duk of 
Lauderdelle that I am ashamed to repeat, I shall vindicat myself in feu 
words. My Lord, I swear befor God Almighty, and renonces all right to His 
blissings, if ever directly or indirectly I ever gave good or bad caracters of 
your Lordship to my Lord Lauderdell, or ever cam upon your person or 
affaires with him. And to shou you hou clear I am of it, I give upon my salva- 



1681.] JOHN GBAHAME OF CLAVERHOUSE. 199 

tion, which I believe you doe me the justice to think I would not doe for the 
world if I wer not absolutly inocent. You shall have both on soull and body, 
for I am ready to spend my blood in revenge of so base and couerdly an 
injury as that was to forge upon dessein of interest so untreu and improbable 
storys ; and heir I declair that certain person ane infamous layer, and humbly 
bigues your Lordship to shou him this letter, wherin I tell him, if he dars 
owen it, he will late me knou his name. But no man that is capable of the 
baseness to invent such lays can have the couradge to sustain them. My 
Lord, this story is dessein'd to wrong your reputation. They mak me say the 
storys which they would gladly make you believe the world thinks. But 
believe no such thing, for your reputation is as intyr here as ever, and the 
world is perswaded of your ability in affairs, and knous you not to be chan[ge]- 
able, that you ar fixt to the interest and standing of your family as you ar to 
honor and honesty. I should have had raison to think you as they say, if such 
storys as those could have made any impressiones upon you. I hop you doe 
not pairt so easily with your friends, nor alters upon so slight grounds your 
measures, and I rejoyce to see how generously you have used me in it. You 
will be pleased that you have don so when you see my inocency deserves it. 
My Lord, the world does you justice here. Every body says you did 
nothing but upon very just and honorable grounds, and that if people has 
delt unhandsomly with you they ar seur you ar sensible of it, and will in 
your owen tyme and way resent it, and your friends oght to confyd and refer 
all to your owen conduct, since by experience they see that from nothing you 
have recovered your esteat by your industry and activity, which shall bender 
me from having the least thoght that you can tak wrong meseurs. When I 
have the honor to see you at Mentieth, I hop to intertain you of other things 
than that certain person did. I will reather study to gain you friends then 
rob you of the frankest you have, for without vanity I pretend to that title, 



200 



FAMILY AND DOMESTIC LETTERS. 



[1681. 



and doutes not to deserve it. I rejoice to hear by the letter you wryt to my 
Laidy Grahame you have nou taken my trade of my hand, that you ar beconi 
the terror of the godly. I begin to think it tyme for me set a work again, for 
I am emoulous of your reputation, not by what I have heard by any relationes 
cam from the Counsell, but what I had from people came from Scotland, who 
gave me particular acount of all, which maks me think that there is no such 
care taken to inform the King, or to perswad him to recompense your 
services as certain person maks you believe. But, my Lord, comfort yourself 
with the satisfaction you have to doe well, and that if you be not rewarded it 
is nether your fait nor the King's, since you doe good things, and he is ready 
to reward them wer he accpaainted with them. My dear Lord, Labe has 
made me in love with the Yles of Mentieth. He says the greatest things in 
the world of it. There is nothing in the world I long so much for as to see 
you there. It shall be the first place I goe to when I com to Scotland. Labe 
tells me of all your kyndness to him, for which I return your Lordship a 
thousand thanks. I had forgot to justify myself as to all other persons of 
quality here, and I swear frely upon my salvation I never spok to any of you 
but as I oght to doe, with all the respect and estim imaginable. I always laid 
the sadle on the right horse, and if you dout, which I think you will not, after 
what I have said, I will gate your uncle Sir James to justify me, who will 
bear me witness how often he has heared me doe you justice, confirming him 
in the good opinion he has of you, both as to your capacity in affaires and 
sincer desseins for the good of* your family. Far from being reproached for 
speaking ill of you, I expected thanks for the good things I said of you and 
your family. Tyme will mak you knou whou ar treu friends and who ar not. 
You shall be seur to fynd me, as I say I am, my dearest Lord, 

Your Lordship's most obedient and most humble servant, 

J. GliAHAME. 



1681.] JOHN GRAHAME OF CLAVERHOUSE. 201 



187. John Grahame of Claverhouse, afterwards Viscount of Dundee, to 
William eighth Earl of Menteith. 

London, October the 1 [1681]. 
My dear Lord, — I thoght fit to wryt this apairt, and not to put it in the 
other letter, dessein[ing] your Lordship should sho it to eviy body for my vin- 
dication. My Lord, I am infinitly sensible of your Lordship's kyndness to me 
in wryting so kyndly to my Lady Graham and her dochter, especially when 
people had been representing me so foolly to you. I have not dared to present 
them, because that in my Laidy's letter you wished us much joy, and that we 
might live happy togither, which looked as if you thoght it a thing as good 
as don. I am seur my Laidy, of the heumeur I knou her to be, would have 
gon mad that you should think a business that concerned her so neerly con- 
cluded before it was ever proposed to her ; and in the dochter's you was pleased 
to tell her of my affections to her, and what I have suffered for her ; this is 
very galant and oblidging, but I am afeared they would have misconstructed 
it, and it might doe me prejudice ; and then in both, my Lord, you wer 
pleased to take pains to shoe them almost clearly they had nothing to expect 
of you, and teuk from them all hopes which they had, by desyring them to 
requyr no mor but your consent. Indeed I think it not propre your Lordship 
should ingadge yourself at all. They would be glade to knou that 3 r ou only 
had a resolution to recover your business, they would leave the reast to your 
owen goodness ; and for my[self] I declair 1 shall never press your Lord- 
ship in any thing but what you have a mynd to, and I will asseur you I need 
nothing to perswad me to take that yong laidy. I would take her in her 
smoak. My dear Lord, be yet so good as to wryt neu letters to the same 
purpose, holding out those things which [if] it wer to anybody els might be very 

2 c 



202 FAMILY AND DOMESTIC LETTERS. [1681. 



well said, and, if you please, when you say you give them your advyse to the 
match, tell them that they will not repent it, and that doing it at your desyr 
you will doe us any kyndness you can, and look on us as persons under your 
protection, and indevor to see us thrive, which oblidges you to nothing, and 
yet incouradges them. Sir James and his Laidy say when they goe to 
Conelton, their neu purchase, that they will com to Scotland, or if they he 
not able to goe so far, they wil meet you about Carlil, or any other place you 
would doe them the honor to com toe, raither then goe bak to Yrland without 
having had the hapiness to see you, since you have the goodness to say you 
would have seen them or nou had they stayed in Yrland. I really believe if 
you would invyt them they would com and see you a purpose. I will be in 
impatiance till I have those letters. I bygue your Lordship not to grudge at 
the truble I give you to wryt tuyse. I hope you shall not have occasion to 
regrait any thing you doe for me, and in doing this you doe me the greatest 
favour I can recaive of any mortall, so I hop, my Lord, you will think it worth 
the whyll to oblidge a friend of yours at so high a rait, for tho' you never doe 
mor for me, I will be eternelly yours, and by geating me that yong laidy you 
mak me happy, and without you I can never doe it, so I am in your reverence, 
and yet looks not on my fate as mor desperat for that. For the love of God 
wryt kyndly of me to them, and promise them kyndness, but I never shall 
suffer them to think of any engadgements from you. Long may you lieve to 
enjoy your, esteat, whill I have the occasion to accpiyt myself of so many and 
so considerable obligations I owe you. — I am, my dearest Lord, 
Your Lordship's most faithfull, most oblidged, and most humble servant, 

J. Gkahame. 
My Lord, Sir James, his Laidy, Madam Coxdeail, and your fair cusing kisses 
most kyndly your hands, and desyrs me to present to you there humble service. 



1681.] JOHN GRAHAME OF CLAVERHOUSE. 203 



188. John Gkahame of Claverhouse, afterwards Viscount of Dundee, to 
William eighth Earl of Menteith. 

Ediubourg, December the 11, 1681. 
My dear Lord, — I was longing extreamly to hear from you, impatient for to 
know the good newes of your perfait recovery, and am exceedingly overjoyed 
with it now. I have been looking for an occasion to wryt to you these five 
or six days bypast to give you acount how my Lord Montrose is using you. 
He has boght an infeftment from Mr. Riven upon the barony of Drumond, 
and has given for it a thousand pounds sterling ; but I am informed that it is 
not good for much, because my Lord Readfoord has the right in his person ; 
this you oght to know better then I. My Lord, you see by this and many 
other things, hou prejudiciall it is for you not to com to som settlement in 
your affairs, ether on way or other, and in the mean tyme my aidge slips 
away, and I loose other occasions, as I supose the young laidy also does. And 
now I am very glaid to see your Lordship pressing it. For my pairt, I shall 
be wanting in nothing that can contribut to your Lordship's satisfaction or 
the standing of your noble famdy. Your Lordship's letter I shall send 
fordward, and perswad them by all the motives I can to undertake this jorny 
your Lordship proposes. But I fear they ar alraidy gon out of Ingland, and 
will be unwilling to cross the seas so soon again. However, if they be in 
Yrland, I shall propose that they com to my house in Galoua, and there they 
shall need no protection, for I am in good hopes not only to comand the forces 
there, but be Scherif of Galoua. My Laidy Graham is a very cuning weoman, 
and certenly will wryt bak that she will be unwilling to com so far upon 
uncertentys ; yet she did propose, a mater of four moneths agoe, to meet your 
Lordship in sum pairt of Ingland. I shall send ane express for Yrland so 
soon as I goe in to Galoua, which will be within ten days or a fourtnight. 



204 FAMILY AND DOMESTIC LETTERS. [1682. 



If your Lordship would wryt to this purpose directly to my Laidy, they would 
take it much more kyndly, and be far the readier to comply with your deseirs. 
The raison why I know so litle of them is that I was ashamed to wryt, not 
knowing what to say, seing your Lordship was not resolved after all I had 
promised to them on your behalf. I am perswaded that we may bring it yet 
to a hapie close, if your Lordship doe your pairt, of which I shall not doubt. 
I am, my dearest Lord, 

Your Lordship's most humble and most obliged servant, 

J. Gkahame. 
My Lord, — It is no mater whither the Yle be prepaired or not, I am seur 
they [would] raither be in it as it is, and welcom to your Lordship then in 
any palace in Christandoom, and I hop we will be all [very] merry about 
the hall fyr. My humble service to Mr. Archibald and James and his laidy, 
and most particularly to the verteus gentlwemen, yo . . . 

For the Earle of Mentiethe. 

189. John Grahame of Claverhouse, afterwards Viscount of Dundee, to 

William eighth Earl of Menteith. 

Neuton of Galouay, February the 17, 1682. 

My dear Lord,— Tho' I have nothing to say that is worthy your noticing, yet 

I would [not] neglect any oportunity of asseuring you of my respects. Befor 

it be long, I will may be have som thing to say that you will not be displeased 

with. So fair you well. I am in great heast ; their is a water rysing betwixt 

me and the other half of my pairty, so I must decamp. I am, my Lord, 

Your most faithfull servant, 

J. Grahame. 

For the Earle of Mentieth, to be left at Mr. Coline Makenzy, brother to my 

Lord Advocat. 



1684.] JOHN GRAHAME OF CLAVEEIIOUSE. 205 

190. The Same to the Same. 

Neutoun of Galouay, March the 1, 1682. 
My dear Lord, — If you be gon from Edinbourg befor this com to your hands, 
I knou not what to say ; but if you be stil their, I must tell you it is most 
necessary wee meet. If you could com to the Bille, which is aighteen mylle 
from Edinbourg, I should be seur to meet you there. My brother will see you, 
and lait him know your measeurs, that he may advertise me. I have had on 
in Yrland whom I shall bring alongs [with] me, and you shall knou all. Send 
no body to Yrland, but take no newe measeurs till I see you, for I have thought 
s[uch wi]U [be be]st for . . . family to doe in the circumstances you ar in. So fair 
you well, my dearest Lord. Your humble servant, J. Grahame. 

191. [John Master of Stair] to William, eighth Earl of Menteith. 

Edenburgh, Aprill 25, 1684. 
My Lord, — The Marquis of Montross is no mor the object of your resentment 
bot rather the subject of your greif. Yow hav had three freinds who medled 
with yow too too close, bot I think yow shall see all ther graves. This must 
alter your measurs : to go to Court at present, wher my Lord Marquis will be 
freshly regretted by every body, can do yow no good ; nor is that affair ripe at 
present. For the other processes, this will calm them, that I do not doubt yow 
will get fair play ; it's weill the declarations ar still in your oun hands. I 
think ye had as good com horn privatly, and in Menteith yow will find no 
disturbanc. I shall never believ yow hav beiu so ill advysed as to [have] 
entred into another mariage till this was dissolved, if it be possible. I must say 
it's hard to determin whither yow hav bein more industrious to preserv or 
destroy j'ourself ; only I am convinct they do not thriv that medle with yow. 

My clear Lord, adieu. 

Seal — On a saltire, nine mascles. 



206 FAMILY AND DOMESTIC LETTERS. [1687. 

192. William eighth Earl of Menteith to Mr. John Smart, writer, 

Edinburgh. 

Sterling, 17 March, 1687. 

Sir, — I have wreatten to my wyfe with this bearer, beseeching her for her 

oune honor and both our advantadges to come home as speedilie as possiblie 

shee can, and, for farder incouradgeing her theirto, have sent heir inclosed to 

yow the tua doubles of the contract and bond for six hundered merkes for her 

apparrell and other necessars yearlie, all subscryved by me and witnesses 

here, to be subscryved by her at Edinburgh, yourself and any other yow 

think fitt being witnesses theirto. Lett her dowble of the contract be 

delivered to her by yow, and receave my double from her ; hereby impouring 

yow for that effect, and declaring the same to be as valid as if I had done the 

same myself, and if shee be satisfied therwith. and content to come home, you 

may keipe up the bond, and not deliver it to her ; bot if she will not come home 

unles shee get the bond alsoe, let her have the same ; bot sie that neither 

contract nor bond be given her unles she condescend to come home, which I 

desyre may be in coatch, and that yow advance ane hundered merkes for 

defrayeing the expence of her journey ; taike her recept thairof, and I shall 

ordor the Tanners shortlie to repay yow. I dowbt not bot yow will sie her 

to coatch, and then, and not till then, deliver both papers and money, quhich 

I judge the suirest way. I exspect your cairfulnes and paines in this affair, 

and that yow keipe my double of the contract, if subscryved by my wyfe, till 

I send ane suirer hand for it, and if shee condescend not to come home, and 

the papers be not subscryved and delivered, let this and the inclosed papers 

be returned to me with this same bearer. I rest, 

Your assured and faithfull frind to serve yow, 

M[enteith.] 
For John Smart, wreater in Edinburgh. 



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207 



MENTEITH CHARTERS. 

1. Charter by King William the Lion to William Noble, of lands in 
Kenpunt and Ileuestune. — 28th May [circa 1200]. 

Willelmus Dei gracia rex Scottorum, omnibus probis hominibus tocius terre 
sue, clericis et laicis, salutem : Sciant presentes et futuri me concessisse, 
et hac carta mea confirmasse Willelino Nobili illas duas carrucatas terre et 
duas bouatas in Kenpunt quas Henricus de Bohon comes Hereforde ei dedit ; 
et preterea, totam terram illam in Ileuestune quam Geroudus tenuit, quam 
predictus Henricus de Bohon comes Hereforde dedit predicto Willelmo Nobili : 
Tenendas sibi et heredibus suis de predicto Henrico et heredibus suis ita 
libere et quiete, plenarie et honorifice, sicut carta predicti Henrici testatur : 
Saluo seruicio meo : Testibus, Oliuero capellano meo, Willelmo de Boscho 
clerico meo, Thoma de Coleuille, Alexandro vicecomite de Clacmannan, Bicardo 
filio Hugonis, Herberto de Camera : Apud Clacmannan, xxviii die Mail 

2. Charter by Balph Noble, knight, son of William Noble, to Sir David 
of Graham and his spouse, Agnes, of lands in Kenpunt. — [Circa 
1245.] 1 

Omnibus Christi fidelibus hoc scriptum visuris uel audituris, Badulphus 
Nobihs miles, fihus Willelmi Nobilis, salutem : Nouerit vniuersitas vestra me 
dedisse et concessisse, et hac presenti carta mea confirmasse domino [Dauid de 
Graham et Agneti sponse sue], pro homagio et seruicio suo, quamdam terram 

1 The original Charter has been very much injured, and portions of it are quite illegible. 



208 MENTEITH CHARTERS. [1245. 

in territorio cle Kentpunt, scilicet, totam medietatem dominici mei de Kentpunt, 
sine aliquo retinemento, scilicet, illam terram quam Patricius senescallus . . 

. . . . et de Kentpunt et Adam Brun de Kentpunt, et Hugo 

propositus de Eliston, et Willelmus Beste et Johannes frater eius, de Kentpunt, 
et Henricus prepositus de Hilifiston me [heredes meos et omnes alios] ex parte 
mea, cum omnibus libertatibus suis et aisiamentis : Tenendam et habendam 

dicto Dauid et Agneti si dictus Dauid in fata 

decedat, dicta Angnes illam terram toto tempore uite sue pacifice possidebit, 
et in pacifica possessione sine aliqua contradictione, quamdiu uixerit, re- 

manebit, et post eorum assignati eis iure hereditario in dicta 

terra succedent: Quare uolo et concedo, pro me et heredibus meis, quod dictus 
Dauid et Angnes uxor sua, et eornm heredes uel assignati, habeant et possi- 
deant predictam medietatem dominici de Kentpunt, ut prescriptum est, cum 
suis pertinentiis, libertatibus et aisiamentis, et cum omnibus aliis aisiamentis 

et communibus, tarn in defensis aisiamentis quam aisiamentis 

integre [et honorifice], in terris cultis et non cultis, in pratis et 

pascuis, in stangnis et molendinis, in boscis et aquis, in viuariis et petariis, et 

in omnibus aliis aisiamentis ad villam de Kentpunt Preterea, 

uolo et concedo, et hac presenti carta mea confirmo, pro me et heredibus meis, 
quod heredes dicti Dauid uel assignati omnino quieti sint in perpetuum de 

omni warda et releuio ; et ad legitimam etatem non peruenerint, 

duo de propinquioribus amicis et de fidelioribus dictorum heredum uel assig- 

natorum dictam terram cum fructibus suis et exitibus fiant . . 

.... ice possunt sine aliqua contradictione mea uel heredum 

meorum, ad custodiendum ad opus dictorum heredum uel assignatorum . . . 

. . . facientes annos quod omnia bona, exitus et 

fructus dicte terre salue custodientur ad opus ad ea 

contradictione : Saluis custodibus sumptibus racionabilibus, quibus inde fece- 



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LANDS OF KINPONT AND ILLIESTON. 



209 



runt ad commodum et honorem [dictorum] meis in perpetuum, 

dicto Dauid et heredibus suis uel suis assignatis pro araturis et omnibus . . 

.... que ma mea re 

in Flat tres acras, et in Wecherig et in Schortrig tres acras, et in 

Brockf tres acras, et in Hardrig vnam [acram] . . 

.... heredes sui uel sui assignati te[nebunt] et habebunt iure hereditario 
inperpetuum, de me et heredibus meis, per seruicium predictum, et cum omni- 
bus l[ibertatibus] Dauid et heredes sui uel sui assignati homa- 

gium facient mihi et heredibus meis pro dicta terra et seruicium quantum 

pertinet ad sextain decimam [partem vnius militis] aliis que de 

dicta terra [requiri] poterint, et seruicium predictum facient [in dicta terra 

prout] Ego uero Eadulphus predictam medietatem 

dominici de Kentpunt dictis sex decima .... 

. . is in omnibus Dauid et Angneti et heredibus 

[warantizabimus], acquietabimus, et defendemus in perpetuum : 

In cuius rei testimonium presenti scripto sigillum meum apposui ; his testi- 

bus, de Burdon, domino de Duglas, 

domino [Andrea] de Duglas fratre eius, domino Alexandra de Dalmahoie, 
Thoma de Kynros, tunc clerico domini Begis, Thoma de Brade, Henrico fratre 
eius, Badulpho de Clere, [Bicardo] de Nodrif, [Willelmo] de Selmis, . . . 
Ada filio [domini de] Bomferiston, Bicardo Clerico, et aliis. 



3. Charter by Thomas Noble, son of Sir Balph Noble, to Sir David of 
Graham and spouse, of tenure of lands in Ileuiston, from Humphrey 
Earl of Hereford. — [30th January 1255.] 

Omnibus Christi fidelibus hoc scriptum visuris uel audituris, Thomas Nobilis, 
filius domini Badulphi Nobilis, salutem : Noueritis me, spontanea uoluntate 

2 D 



210 



MENTEITH CHARTERS. 



[1255. 



mea, et de bona uolimtate doniini Eadulphi patris inei, et Eadulphi fratris mei, 
et aliorum amicorum meorum, concessisse, et hac presenti carta naea eonfirmasse 
domino Dauid de Graham et Agneti sponse sue, et eorum heredibus uel 
assignatis, quod possint, si uoluer[int, terras cum pertineutiis qu]as de me et 
heredibus meis tenent iare hereditario in Iliveston tenere, si ad opus eorum 
viderint expedire, de domino [Humfrido de] Bovn comite de Herford et here- 
dibus suis, sine aliqua contradictione mea uel heredum meorum : Et ego pro 
me et [heredibus meis] fideliter concessi, et hac carta mea confirmaui, quod, si 
illi hoc uiderint eis expedire, diligentem curam precibus nostris et rogationibus 
adhibebimus, quod dictus dominus Humfridus de Bohyn comes de Herford et 
heredes sui consentiant quod dicti Dauid et Agnes sponsa sua et eorum heredes 
uel assignati dictas terras habeant et pacifice possideant et teneant de dicto 
comite et heredibus suis, si uoluerint : Et ad hoc fideliter et sine fraude preci- 
bus et labore procurandum sumptibus dicti Dauid, pro me et heredibus meis, 
tactis sacrosanctis, iuraui; et hoc idem dominus Eadulphus Nobilis pater meus, 
et Eadulphus Nobilis frater meus, facere et procurare, [sicut] prescriptum est, 
tactis sacrosanctis, iurauerunt ; qui sigilla sua, vna cum sigillo meo, ad testifi- 
candum quod fide[liter et sine fraujde diligentem curam adhibebunt ad 
omnia prescripta procuranda et perficienda, presenti [carte mee apposuerunt : 
Testibus], domino Eogero, abbate de Neubotil, [domino Alexandro Ouieth,] 
domino Johanne de Vallibus, [domino Willelmo de] Duglas, [Alexandro] de 
Dalmahoie, Eadulpho de Clere, Eicardo de Nodrif, Willelmo de Selmis, et aliis. 



4. Eesignation by Ealph Noble, son of Sik Ealph Noble, in favour of 
Thomas Noble, his brother, of lands in Yliuistoun. — [30th January 
1255.] 

Omnibus Christi fidelibus hoc scriptum visuris uel audituris, Eadulfus Nobilis, 
filius domini Eadulfi Nobilis, salutem : Noueritis [me,] anno [Salutis] mil- 




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LANDS OF ILLIESTON. 



211 



lesimo [ducentesimo quinqua]gesimo quinto, die Sabbati proxima post con- 
uersionem Sancti Pauli, per consUium et assensum domini Eadulfi, patris mei, 
dedisse, et per fnstum et baculum quietum clamasse Thome, fratri meo, omnes 
terras quas babui in villa de Yliuestoun de dono domini Eadulfi, patris mei, 
vna [cum omni] meo [clameo quod] habui uel habere potui in dictis terris 
cum pertinentiis ; ita scilicet, quod nee ego nee heredes mei, nee aliquis alius 
ex [parte nostra, ius vel clameum] uel saisinam, nee abquod aliud in dictis terris 
cum pertinentiis possimus de cetero uendicare uel postulare . . . tangentes 
me uel comodum meum uel heredes meos uel comodum eorum quoad dictam 
teram de Yliuestoun . . . de cetero volo et concedo, pro me et heredibus 
meis, et omnibus aliis aliquod ius uel clameum in dictis terris ex parte 
nostra postulantibus, quod nullum robur firmitatis optineant, [sed] inper- 
petuum teneantur irrite et inanes : Et volo . . . et concedo, pro me et 
heredibus meis, quantum in nobis est, quod donacio ilia quam Thomas frater 
meus dicto die per cartam suam fecit [domino Dauid de Graham et] Agneti 
sponse sue, et eorum heredibus uel assignatis, . . . Ita quod nee ego nee 
heredes mei, nee aliquis [ex parte nostra,] . . . contradicere in aliquo ualeant. 
. . . omnia prescripta fideliter obseruanda, pro me et heredibus meis, et 
omnibus [aliis] . . . dictis terris ex parte nostra uelint uendicare, tactis 
sacrosanctis, iuraui : Et ad maiorem securitatem dicti Thome fratris [mei, et 
dictorum] domini Dauid et Agnetis sponse sue, et heredum suorum uel 
assignatorum, presenti scripto sigillum meum, vna cum sigillis domini 
Eadulphi [patris mei], domini Willelmi de Duglas et domini Andree 
[de Duglas apposui ; his testibus], domino Eogero, abbate de Neubotil, 
domino Alexandro Ouieth, domino [Johanne] de Vallibus, domino Will- 
elm o de Duglas, domino [Alexandro] de Dalmahoie, . . . [de Sel]mis et 
aliis. 



212 MENTEITH CHARTERS. [1240. 



5. Charter of Confirmation "by Walter Comyn, Earl of Menteith, of a 
gift by Sir Alexander de Stirling to the monks of Arbroath of half 
a stone of wax yearly. — Circa 1240. 1 

Omnibus hoc scriptum visuris uel audituris, Valterus Cummin comes de 
Meneteth, salutem. Nbueritis me concessisse et confirmasse donum quod 
dominus Alexander de Striuilyn, miles, et fidelis meus, contulit monachis de 
Aberbrothoc, prout continetur in carta sua subscripta quam dictis monachis 
contulit : — Omnibus has literas uisuris uel audituris, Alexander de Striuilyn, 
salutem in Domino. Nouerit uniuersitas uestra me, pro salute anime mee 
et anime bone memorie Ermengardis, filie domini mei Eegis Alexandri, et 
antecessorum et heredum meorum, dedisse et concessisse et hac carta mea 
confirmasse Deo et ecclesie Sancti Thome martiris de Aberbrothoc, et 
monachis ibidem Deo seruientibus et seruituris, in puram et perpetuam 
elemosinam, singulis annis ad luminare predicte ecclesie, de me et heredi- 
bus meis, dimidiam petram cere, ad nundinas de Monros percipiendam per 
manum propositi mei qui pro tempore fuerit in uilla Laurencii, quam mihi 
dedit dominus meus Valterus comes de Meneteth. Quare uolo ut predicti 
monachi predictam dimidiam petram cere de me et heredibus meis in prefato 
loco, sicut supradictum est, libere et quiete teneant et possideant, sicut ali- 
quam elimosinam in toto regno Scocie ab aliquo liberius et quiecius tenent 
et possident ; hiis testibus, domino Henrico de Striuelin, filio comitis Dauid, 
Michaele de Stratum, Nycholao de Inuerpefer, Rogerio de Balkathin, Hugone 
Marscallo, et multis aliis. 

1 Registrum Vetus de Aberbrothoc, p. 265. 




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LANDS IN ABERFOYLE. 



213 



6. Charter by Sir John Eussell and Isabella Countess of Menteith 
his spouse, to Sir Hugh of Abyrnethine, of lands in Aberfoyle. — 
[Circa 1260.] 1 
Omnibus hoc scriptum visuris uel audituris, dominus Johannes Eussellus 
et Isabella sponsa sua, comitissa de Menethet, eternam in Domino salutem : 
Nouerit vniuersitas uestra nos dedisse, concessisse, et hac presenti carta 
nostra confirmasse domino Hugoni de Abyrnethine, et heredibus suis uel 
suis assignatis, pro seruicio suo et feoditate, viginti libratas terre raciona- 
biliter extensas in territorio de Abirful, ex occidentali parte de Fort : Ten- 
endas et habendas dicto domino Hugoni et heredibus suis uel suis assignatis 
de nobis et heredibus nostris, libere, quiete, plenarie, pacifice et honorifice, 
adeo sicuti illam vnquain melius, liberius, quiecius, tenuimus et tenere 
debuimus : Eeddendo inde annuatim dictus dominus Hugo, uel heredes sui 
uel sui assignati, nobis et heredibus nostris, pro omni seruicio, consuetudine, 
exaccione seculari et demanda que de dicta terra aliquo modo exigi poterunt, 
tantummodo vnum nisum sorem ad festum Sancti Jacobi, uel sex denarios ; 
saluo tamen domino Eegi forinseco seruicio tante terre pertinenti, et salua 
nobis et heredibus nostris tantummodo aduocacione ecclesie de Abirful. Nos 
uero et heredes nostri dicto domino Hugoni et heredibus suis uel suis as- 
signatis dietarn terram cum pertinenciis suis contra omnes homines et feminas 
pro dicto seruicio warentizabimus, aquietabimus, et in perpetuum defende- 
mus: Et ad maiorem huius rei securitatem faciendam, presentem cartam 
sigillorum nostrorum munimine roborauimus ; hiis testibus, domino M[alcolmo] 
comite de Eiff, domino M[alisio] comite de Stratherine, domino Alexandra 
Cumine, comite de Buchane, domino W[illelmo] comite de Mar, domino 
J[ohanne] Cumine tunc jus ticiario Galuuidie, domino W[illelmo] de Montefixo, 
et Magistro W[iUelmoJ Wishard, archidiacono Sancti Andree et aliis. 
1 Original in the Douglas Charter-chest. 



214 MENTEITH CHARTERS. [1213. 

7. Tnspeximus by King Henry the Third, dated 20th September 1261, of 
an Agreement between Maurice Earl of Menteith and Maurice, 
younger, his brother. — [6th December] 1213. 1 

Eex, omnibus, etc. : Noveritis nos, anno ab Incarnatione Domini m? cc? sexa- 
gesimo primo, vicesirno die Septembris, inspexisse cartam Alexandri filii regis 
Scocie, comitis Gilberti de Strathern, comitis Malcolmi de Fif, et Wilelmi de 
Bosco cancellarii, sigillis suis signatam, non abolitam, non cancellatam, nee in 
aliqua sui parte viciatam, sub hac forma : Hec est amicabilis conventio facta 
apud Edinburche, anno ab Incarnacione Dominica in? cc? xiii?, die Sancti 
Nicholai, inter Mauricium comitem de Manenthe et Mauricium juniorem fra- 
trem ejus de loquela,que fuit inter eos de comitatu de Manethe, quem Mauricius 
junior petebat sicut jus et hereditatem suam; scilicet, predictus Mauricius comes, 
per fustum et baculum, resignavit in manu domini Eegis Willelmi comitatum 
de Manenthe, et dominus rex eundem comitatum reddidit Mauricio juniori sicut 
jus suum; Mauricius autem senior tenebit in vita sua per balliam domini regis 
duas villas, scilicet, Muyline et Eadenoche et Turn et Cattlyne et Brathuli et 
Cambuswelhe, quas terras Mauricius junior accomodavit domino regi ad opus 
Mauricii senioris in vita sua, ita quod, Mauricio seniore decedente, terre ille 
sine contradictione redeant ad Mauricium juniorem : Idem vero Mauricius 
junior eadem die tradidit fratri suo Mauricio seniori ad maritandas filias suas, 
Savelime, sicut iidem duo fratres earn tenuerunt predicto die, et Mestryn et 
Kenelton et Stradlochlem, ita quod ille filie et earum heredes qui de illis 
venieut tenebunt illas quatuor terras Mauricio juniori. Et ut hec amicabilis 
conventio facta firmius futuris temporibus teneatur, probi homines domini 
regis utrique parti hujus cyrographi sigilla sua apposuerunt. Hii autem 
hinc presentes fuerunt, dominus Alexander filius domini regis, comes 

1 Patent Rolls, Record Office, London. 



1213.] MAURICE SENIOR AND MAURICE JUNIOR. 215 

Gilbertus de Stratherne, comes Malcomus de Fife, Willelmus de Boscbo, can- 
cellarius, Philippus de Mubray, Ingelranms de Ealliolo, Walterus de Lindeseia, 
Bogerus de Mortemer, Alexander vicecomes de Strivelin, Hervius de Kinross, 
Dauid Marescallus, Malcolmus de Ketenes, Henricus de Brade, Henricus de 
Boskclyn, Laurencius de Abernetbe, Hugo de Gurley, Kicardus Bevel, Wal- 
terus Comyn, Kobertus de Sincler, Malcolmus senescallus comitis de Straderne, 
Willelmus de Duneglas, Arcbibaldus de Duneglas, Bicardus Anglim. In cujus 
etc., teste Bege, apud Windesorum, die et anno supradictis. 

8. Inspeximus by King Henry the Third, dated 20tb September 1261, of a 
Charter by King William the Lion confirming the foresaid agreement. 
—7th December [1213]. 1 

Bex, omnibus presentes literas iiispecturis, salutem in Domino. Noveritis 
nos anno ab Incarnacione Domini m°cc°lx° primo, vicesimo die Septembris, 
inspexisse cartam Willielmi Begis Scotie, sigillo suo signatam, non 
abolitam, non caucellatam, nee in aliqua sui parte viciatam, sub hac forma : — 
Willielmus Dei gratia rex Scotie, omnibus probis hominibus tocius terre sue, 
clericis et laicis, salutem : Sciant presentes et futuri me concessisse et hac 
carta mea confirmasse conventionem factam apud Edinburghe in plena curia 
mea, inter Mauricium seniorem de Manethe, et Mauricium juniorem, fratrem 
ejus, de comitatu de Manenthe, quern Mauricius junior petebat sicut jus 
suum et hereditatem, et quern Mauricius senior resignavit in manu mea, et 
quern reddidi Mauricio juniori sicut jus suum. Quare volo, et firmiter pre- 
cipio, quatenus predicta conventio inter eos inde facta firmiter et inviolabiliter 
teneatur, sicut facta fuit in plena curia mea, et sicut cyrographurn inter eos 
inde factum testatur ; salvo servitio meo : Testibus, Alexandra filio meo, 
Comite Malcolmo de Fife, Wilielmo de Boscho cancellario, Comite Gilberto de 
1 Patent Rolls, Record Office, London. 



216 MENTEITH CHARTERS. [1262. 



Stradheme, Philippo de Mubray, Kogero de Mortemer, Alexandro vicecomite 
de Strivelyn, Waltero de Lindeseia, Herveio de Kinros, Harveio Marescallo. 
Apud Edinburghe, septimo die Decembris, etc. Teste Eege, apud Windeso- 
rum, die et anno supradictis. 

9. Charter by Walter Stewart, Earl of Menteith, renewing and con- 
firming a grant by Dufgall, son of Syfyn', to the Monastery of Paisley, 
of the church of Kilcolmanel in Kintyre. — [19th January] 1262. 1 

Omnibus Christi fidelibus hoc presens scriptum visuris vel audituris, Walterus 
Senescallus, comes de Menthet, salutem in Domino sempiternam. Noverit 
universitas vestra me, caritatis intuitu, pro salute animarum antecessorum 
meorum in monasterio de Passelet sepultorum, concessisse et hac presenti 
carta confirmasse Deo et Sancto Jacobo et Sancto Mirino predicti loci, et 
monachis ibidem Deo servientibus et imperpetuum servituris, donationem 
quam Dufgallus filius Syfyn' predictis monachis fecit et carta sua confir- 
mavit, priusquam terram suam de Schyphinche mihi contulit, super ecclesia 
Sancti Colmaneli infra predictam terram sita, cum una nummata terre ad 
predictam ecclesiam spectante, cum capella juxta castrum de Schyphinche. 
Quare volo et pro me et heredibus meis concedo quod dicti monachi predictam 
ecclesiam cum omnibus pertinentiis, libertatibus et aisiamentis suis, in liberam 
puram et perpetuam elemosinam imperpetuum teneant, habeant et possideant, 
adeo libere, quiete et pacifice, sicut aliquam aliam ecclesiam de dono baronis 
vel militis liberius et quietius tenent et possident. In cujus rei testimonium 
huic presenti scripto sigillum meum duxi apponendum : Hiis testibus, dominis 
Fynleio de Stragrif, Johanne de Irschyn, militibus, Dufgallo filio Sewen', 
Murchardofilio Malcmur, Johanne Portar.Dunslene fratre Murchardi.Eeginaldo 

1 Eegistrimi Monasterii de Passelet, p. 121. 




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1271.] WALTER STEWART, EARL OF MENTEITH. 217 



clerico, et aliis multis. Datum apud parcum de Irschyn, die Jovis proxima post 
festum Sancti Illarii, anno gratie millesimo ducentesimo sexagesimo secundo. 

10. Confirmation by King Alexander the Third, of a gift by Walter 

Stewart, Earl of Menteith, to Gilbert, son of Gilbert of Glenkerny, 
knight, of the half of Broculy.— 14th August [1267]. 1 

Alexander Dei gracia Rex Scottorum, omnibus probis hominibus tocius terre 
sue, salutein : Sciatis nos concessisse, et hac presenti carta nostra confirmasse 
donationem illam quam Walterus Senescalli, comes de Meneteth, fecit 
Gilberto filio Gilberti de Glenkerny, militi, de consensu et voluntate Marie 
sponse sue, comitisse de Meneteth, de medietate ville de Broculy cum per- 
tinenciis, videlicet, ilia medietate que iacet in parte orientali uersus marchias 
de Eglysdissentyne : Tenenda et habenda eidem Gilberto et heredibus suis, 
de predictis Waltero comite et Maria sponsa sua, et eorum heredibus, in feodo 
et hereditate, per rectas diuisas suas, et cum omnibus iustis pertinenciis suis, 
libertatibus et aysiamentis ad predictam medietatem ville de Broculy pertinen- 
tibus, adeo libere et quiete, plenarie et honorifice, sicut carta predicti Walteri 
Comitis eidem Gilberto exinde confecta plenius iuste testatur ; saluo seruitio 
nostro : Testibus, Colbano comite de Fife, Alano Hostiario, Hugone de Abirni- 
thyn, Eustachio de Turribus, Reginaldo le Chene, et Alexandro de Morauia ; 
apud Obeyne, quarto decimo die Augusti, anno regni nostri nono decimo. 

11. PiEtodr of Inquest made by Walter Stewart, Earl of Menteith, as 

Sheriff of Dumbarton, declaring Mary, Ellen, and Forveleth, daughters 
of the late Finlay of Campsie, to be the lawful heirs of the deceased 
Dufgall, brother of Maldoven Earl of Lennox. — [15th May] 1271. 2 

Omnibus Christi fidelibus presens scriptum visuris vel audituris, Walterus 

Senescallus, comes de Menthet, salutem in Domino sempiternam. Nbverit 

1 Original Charter at Castle Grant. 2 Registrant Monasterii de Passelet, p. 191. 

2 E 



218 MENTEITH CHARTERS. [1271. 

universitas vestra me mandatum domhri mei Alexandri Dei gratia illustris Kegis 
Scotie recepisse, in hec verba : — -Alexander Dei gratia Eex Scotie, Waltero 
comiti de Menthet, dilecto et fideli suo vieecomiti et ballivis suis de Dunbre- 
tan, salutem. Mandamus vobis et precipimus quatinus per probos et fideles 
homines patrie diligenter et fideliter inquiri faciatis si Maria sponsa Johannis 
de Wardroba, et Elena sponsa Bernardi de Erth, ac Forveleth sponsa Norrini 
de Monorgund, filie quondam Einlai de Camsi, sint legittime et vere heredes 
quondam Dufgalli, fratris Maldoveni comitis de Levenax ; et dictam inquisi- 
tionem diligenter factam et in scriptis redactam, sub sigillo vestro et sigillis 
eorum qui dicte inquisitioni faciende intererint, ad capellam nostram mitti 
faciatis, et hoc breve. Teste meipso, apud Kynclewyn, xxiiii die Aprilis, anno 
regni nostri xx secundo. — Hujus igitur auctoritate mandati, per sacramenta 
dominorum Hugonis Flandrensis, Alexandri de Dunhon, Eoberti de Culchon, 
militum, Gilberti filii Absolonis, Duncani filii Ameledy, Malcolmi de Drum- 
man, Malrnor dicti Juvenis, Gilmychel Mac Hedolf, Ade dicti Juvenis, Dun- 
cani filii Gilcrist, Thome filii Somerledy, Newyn Mac Kessan, Maldoveni' 
Mac Dawy, Hectoris Mac Souhyn, Ewgenii aurifabri, super premissis dili- 
gentem feci inquisitionem : Fer quorum sacramenta ad sancta Dei evangelia 
corporaliter prestita, veraciter didici et compertus sum predictas mulieres 
veras et legittimas heredes esse prenominati Dufgalli, per lineam consan- 
guinitatis descendendo ex parte Malcolmi, fratris predicti Dufgalli et avi 
predictarurn mulierum ; et ipsum Dufgallum uxorem desponsatam minime 
habuisse. Et ne dicta inquisitio per me facta ceca oblivione depereat, gratia 
majoris testimonii, tarn ego quam predicti milites, necnon et Duncanus filius 
Ameledy et Malcolmus de Drumman, presens scriptum sigillorum nostrorum 
appositione roboravimus. Acta apud Dumbertan, die Veneris proxima ante 
festum Sancti Dunstani archiepiscopi, anni gratie millesimi ducentesimi 
septuagesimi primi ; hiis testibus, domino Johanne de Herchyn milite, 



1286.] WALTER STEWART, EARL OF MENTELTH. 219 



domino Adam capellano castri de Dunibertan, Gilpatrik Mac Molbrid, 
Kicardo de Dunnydover, Nicholaio filio Germani, Wdardo dicto Selyman, 
Wilelmo de Cragbayth, Clemente de Dumbertan, Waltero de Orreis, Hyngel- 
ramo de Monte Acuto, et aliis multis. 

12. Bond by Patrick Earl of Dunbar, Walter Stewart, Earl of Men- 
teith, Robert Bruce, their sons, and other noblemen, to adhere to the 
party of Richard de Burgh, Earl of Ulster, and Sir Thomas of Clare. — 
Turnberry Castle, [20th September] 1286. 1 

Omnibus hominibus hoc scriptum visuris vel audituris, Patricius comes de 
Dunbar, Patricius, Johannes et Alexander, filii ejus, Walterus Senescallus, 
comes de Menethe, Alexander et Johannes, filii ejus, Robertus de Bruse, 
dominus vallis Anandire, et Robertus de Brus comes de Carryke, ac Ricardus 
de Brus, filii ejus, Jacobus Senescallus Scotia} et Johannes frater ejus, 
Enegus filius Dovenaldi et Alexander filius ejus legittimus, eeternam in 
Domino salutem. 

Nbverit universitas vestra nos per praesens scriptum nostrum nos obligasse 
et fideliter promisisse, ac promissum nostrum corporali sacramento, tactis 
sacrosanctis evangeliis, et per fidei nostra? dationem vallasse, quod nos cum 
tota potentia nostra indeficienter adhrerebimus nobilibus viris, domino Ricardo 
de Burgo comiti Ultonia?, et domino Thomse de Clare, in omnibus negotiis 
suis, et cum eis atque complicibus suis fideliter stabimus contra omnes eis 
adversantes ; salva fide domini regis Anglic, et salva fide illius qui regnum 
Scotia?, ratione sanguinis felicis recordationis domini Alexandri regis Scotia?, 
qui ultimo obiit, adipiscetur et optinebit secundum antiquas consuetudiues 
hactenus in regno Scotia? approbatas et usitatas. 

Et si contingat aliquem nostrum contra praesentem obligationem nostram, 
1 Historical Documents, Scotland, vol. i. p. 22. 



220 MENTE1TH CHARTERS. [1286. 



et contra prsesens promissuru nostrum in aliquo venire (quod absit), volumus 
et concedimus pro nobis omnibus et pro singulis nostrum, quod dicti nobiles, 
comes Ultonise, et Thomas de Clare, cum omnibus suis complicibus et con- 
foederatis, super ilium currant ad ipsum et omnia bona sua destruenda, nisi 
ab errore suo resiliet, et ad condignam venerit satisfactionem secundum 
visum et considerationem dictorum nobilium, comitis Ultonite, et Thomse de 
Clare, et eorundem complicium ac confcederatorum. In cnjus rei testimonium 
prtesenti scripto sigilla nostra fecimus apponi. 

Datum apud Turnebyry in Carryke, die Veneris in vigilia Beati Mathsei 
Apostoli, anno gratiae ducentesimo octogesimo sexto. 

13. Charter by Waltee Stewart, Earl of Menteith, to the Monastery 
of Kilwinning, of the church of Kylmachornat, in Knapdale, with 
chapels and lands belonging thereto. — [Circa 1290.] 1 

Sciant presentes et futuri quod ego Walterus Sen[escalli], comes de Men- 
theht, dedi, concessi, et hac presenti carta rnea confirmavi Deo et monasterio 
Sancte Marie et Sancti Wynnini de Kylwynin in Cunningham, et monachis 
ibidem Deo servientibus et perpetuo servituris, ecclesiam de Kylmachornat in 
Knapedale, cum capellis Sancte Marie in Cuapro et Sancti Michaelis in 
Inwerlaxo, et cum tribus denariatis terre in Eiventos eidem ecclesie de 
Kylmachormat annexis, et cum omnimodis aliis contra oditatibus ad dictam 
ecclesiam cum capellis suis de iure pertinentibus, vel futuris temporibus quo- 
cumque modo pertinere valentibus, in puram et perpetuam elemosinam, divine 
caritatis intuitu, et pro salute anime mee et domine Marie quondam spouse 
mee, comitisse de Menetheht, et animabus omnium antecessorum meorum 
et successorum. Ego vero Walterus et heredes mei ecclesiam predictam de 

1 Theiner's Vetera Monumenta, No. div. \>. 258. 



1292-3.] WILLIAM COMYN, HUSBAND OF LADY ISABELLA. 221 

Kylmachornat cum omnibus predictis pertinentiis suis et libertatibus, pre- 
dicts monasterio et monachis, contra omnes homines et feminas imperpetuum 
garantizabimus et defendemus. In cuius rei testimonium presenti carte 
sigillum meum apposui; hiis testibus, dominis Johanne Senescalli, Johanne de 
Soulis, Andrea Kras, Ingerramo de Henka Wille, Eeginaldo de Crauford, 
militibus, Alexandra de Menetheht et Johanne, filiis meis, magistro Gilberto 
de Templeton et multis aliis. 

14. Grant by King Edward the First to William Comyn of the Keepership 

of the Forest of Traquair and Selkirk. — 15th January 1291-2. 1 

Eex et superior dominus regni Scotie omnibus ad quos, etc., salutem. Sciatis 
quod commisimus dilecto et fideli nostra Willielmo filio Johannis Comyn, 
custodiam foreste de Trequer et Selechirche cum pertinentiis, habendam 
quamdiu nobis placuerit, eodem modo quo Simon Fraser nuper defunctus 
custodiam illam habuit in vita sua, ita quod bene et fideliter se habeat in 
custodia predicta. In cujus, etc. 

Teste Eege, apud Westmonasteriuin, xv die Januarii. 

Et mandatum est custodibus ejusdem regni quod custodiam predictam 
predicto Willielmo liberent tenendam in forma predicta. In cujus, etc. 
Teste ut supra. 

15. Mandate by King Edward the First to John Baliol, King of Scots, 

to release Isabella Comyn, widow of William Comyn, from her oath 
not to marry without Baliol's consent. — 5th January 129 2-3. 2 

Eex dilecto et fideli suo Johanni, eadem gratia regi Scotorum illustri, salutem. 

Cum maritagium Isabelle Comyn, relicte Willelmi Comyn, quod accidit dum 

1 Rotuli Scotue, vol. i. p. 7. - Ibid. p. 16. 



222 MENTEITH CHARTERS. [1292-3. 

regnum Scotie ut ipsius superior dominus tenebamus, dilecto et fideli nostro 
Edmundo de Hastinges dedissemus, vos, sicut accepimus subsequenter, jura- 
mentum extorsistis ab ea quod sine voluntate vestra et licentia se non nubet. 
Attendentes autem juramentum hujusmodi in prejudicium superioritatis 
nostri dominii esse factum, serenitati vestre mandamus, rogantes quatinus 
quod in nostri prejudicium in hac parte esse dinoscitur attemptatum facientes 
celeriter revocari, predictam Isabellam a predicti juramenti vinculo quietetis, 
et quantum in vobis est faciatis penitus esse quietam. 

Teste Rege, apud Novum Castrum super Tynam, v die Januarii. 



16. Grant by King Edward the First of England to Alexander Earl of 
Menteith of the custody of the lands belonging to Alexander of Argyll, 
and his son John. — 10th September 1296. 1 

Rex omnibus ad quos, etc., salutem. Sciatis quod assignavimus dilectum et 
fidelem nostrum Alexandrum comitem de Meneteth ad capiendum in manum 
nostram castra et fortalitia, insulas, et omnes terras et tenementa Alexandri 
de Ergeyl cum omnibus suis pertinentiis, tam per terrain quam per mare, et 
ad castra, fortalitia, insulas, terras et tenementa ilia cum suis pertinentiis 
quibuscunque, custodienda quamdiu nobis placuerit, ita quod castra, fortalitia, 
insulas, terras et tenementa predicta de exitibus eorundem custodiat, et illud 
quod de exitibus illis ultra custodiam illam remanserit, eidem Alexandro ad 
sustentationem suam, uxoris et familie sue, faciat liberari, donee aliud inde 
duxerimus ordinandum. Assignavimus etiam eundem comitem ad capiendum 
in manum nostram castra et fortalitia, et omnes terras et tenementa Johannis 
filii predicti Alexandri primogeniti, qui nondum ad pacem nostram venit, et 

1 Rotuli Scotife, vol. i. p. 31. 



1305.] ALAN, SEVENTH EARL OF MENTEITH. 223 

ad ea salvo custodienda quamdiu nobis placuerit, ita quod de exitibus inde 
provenientibus ultra custodiam illam nobis respondeat ad scaccariam nostram 
apud Berewycuni. In cujus, etc. 

Teste Bege, apud Berewycum, x die Septenibris. 

1 7. Charter by Alan Earl of Menteith to Sir Walter of the Akynhewyde, 
knight, of the land of Thome. — [Circa 1305.] 1 

Sciant preserves et futuri quod ego Alanus comes de Menteth, filius domini 
Alexandri comitis de Menteth, dedi, concessi, et hac presenti carta mea con- 
firmaui domino Waltero de le Akynhewyde, militi, pro homagio et seruicio 
suo, totam terrain de Thome in Menteth, cum omnibus rectis diuisis suis : 
Tenendam et habendam dicto domino Waltero, et heredibus suis vel assig- 
natis, de me et heredibus meis, libere, quiete, plenarie, pacifice et honorifice, 
in bosco et piano, in pratis, pascuis et pasturis, in aquis et molendinis, in 
piscariis et viuariis et cum omnibus aliis commoditatibus, libertatibus et 
aysiamentis ad dictam terrain pertinentibus vel aliquo tempore de jure 
pertinere valentibus : Faciendo inde forinsecum seruicium domini Eegis 
quantum pertinet ad dictam terrain, pro omni alio seculari seruicio, con- 
suet udine, exaccione et demanda : .Ego vero Alanus et heredes mei dictam 
terram de Thome cum omnibus pertinenciis suis, diuisis, et libertatibus, vt 
predictum est, dicto domino Waltero, et heredibus suis vel assignatis, contra 
omnes homines et feminas in perpetuum warantizabimus, acquietabimus et 
defendemus ; hiis testibus, domino Jacobo Senescallo Scocie, domino Malisio 
comite de Stratherne, domino Alexandro de Abyrnythin, domino Johanne 
de Menteth, niilitibus, domino Mauricio priore de Insula Sancti Colmoci, 
Malcolmo de Ewsthy et Johanne . . . et multis aliis. 
1 Original in Gleneagles Charter-chest. 



224 



MENTEITH CHARTERS. 



[1309. 



18. Eelaxation by John of Barclay, Lord of Crawford, to Malise of 
Menteth, of the feu-farm of Tulymadich and Cragis. — [11th June] 
1309. 1 

Omnibus Christi fidelibus ad quos presentes litere peruenerint, Johannes de 
Berclay dominus de Crauford, salutem. Noueritis me, ex eonuentione facta, 
relaxasse et diminuisse Malisio de Meneth de octo marcis in [quibus] dictus 
Malisius michi et heredibus meis hereditarie tenetur, ut patet in carta con- 
fecta inter me et dic[tum] Malisium de terris de Tulymadich et le Cragis, nisi 
tantummodo quod idem Malisius bona fide . . . terris annuis poterit leuare 
dum dicte terre de Tulymadich et de le Cragis se extende ... ad integram 
assedationem octo marcarum, et ex tunc idem Malisius reddet illas octo 
marcas . . . ut patet in carta sua originali de predictis terris : Preterea et si 
contingat, quod absit, quod dicte terre per . . . Anglicanum destruantur, pre- 
dictus Malisius uel heredes sui uel sui assignati michi et heredibus meis uel 
[assignajtis de predicta feodifirma integra non tenebuntur nisi quatenus de 
dictis terris pacifice percipere pot . . . patet in dicta carta : In cuius rei testi- 
monium, presentibus sigilluni meum apposui. Datum apud Aberden, die 
. . . Barnabe Apostoli, anno Domini m°ccc° nono. 



19. Charter by King Robert the Bruce to Walter Fleming, witnessed by 
Sir John of Menteth.— 20th March [1315]. 2 

Bobertus Dei gracia Bex Scottorum, omnibus probis hominibus tocius terre 
sue, salutem : Sciatis nos dedisse, concessisse, et hac presenti carta nostra 
confirmasse Waltero Fleming, filio Wilelmi Fleming de Barruchan, militis, 
dilecto et fideli nostro, pro homagio et seruicio suo, medietatem molendini de 

1 Original at Castle Forbes. 2 Original Charter at Halyburton. 



1330.] MURDACH, EIGHTH EARL OF MENTEITH. 225 



Retteries, terciam partem terre de Petcur, vnam bracinam cum pomerio in 
villa de Kettenes, vnacum quatuor acris terre in terra dominicali eiusdem 
ville extentis et ad eandem bracinam assignatis, vmim cotagium in occi- 
dental! parte ville de Kettenes, vnum fabrile in eadem villa, et viginti tres 
solidos argenti annuatim percipiendos in molendino baronie de Essy : Tenenda 
et habenda predicto Waltero et heredibus suis de nobis et heredibus nostris, 
in feodo et hereditate, per omnes rectas metas et diuisas suas, libere, quiete, 
plenarie, pacifice et honorifice, cum omnibus libertatibus, commoditatibus, 
aisiamentis, consuetudinibus et iustis pertinenciis suis debitis et consuetis : 
Faciendo inde nobis et beredibus nostris dictus Walterus et beredes sui 
octauam partem seruicii vnius militis in exercitu nostro, et Scoticum seruicium 
debitum et consuetum ; vna cum proparte vnius secte ipsum contingente de 
baronia de Kettenes faciende ad curiam vicecomitatus nostri de Forfar. In 
cuius rei testimonium present! carte nostre sigdlum nostrum precepimus 
apponi ; testibus, Bernardo abbate de Abirbrothoc, cancellario nostro, Johanne 
de Menetetb, Alexandro Fraser, Gilberto de Haia constabrdario Scocie, et 
Eoberto de Ketb, marescallo Scocie, militibus : Apud Abirbrothoc, vicesimo 
die Marcii, anno regni nostri nono. 

20. Chaetee by Muedach Earl of Menteith to Sir Walter of Mentetth, 
of the lands of Thorn and Lanarkynys, and fishing in the Teith. — 
[Circa 1330.] 

Sciant presentes et futuri, nos, Mordacum comitem de Menetheth, filium 
domini Alexandri comitis quondam de Menetheth, dedisse, concessisse, et hac 
presenti carta nostra confirmasse domino Waltero de Menetheth, filio domini 
Johannis de Menetheth, et heredibus suis et assignatis, totam terrain de 
Thom, in comitatu nostro de Menetheth, cum omnibus suis pertinenciis et 

2 F 



226 



MENTEITR CHARTERS. 



[1330. 



rectis diuisis ; videlicet, incipiendo ab aqua de Theth, secundum quod mar- 
chia ville de Dune se extendit, vsque ad niarchiani terre de Conulath, cum 
quatuor marcatis terre in Conulath perprius iacentibus, ad terram de Thorn 
ex parte australi, cum omnibus [et] singulis terris de tribus Lanarkynys in 
Menetheth, cum iustis suis pertinenciis et rectis diuisis, et sic transeundo per 
marcbiam de Seskentuly, Bucopill, et Thorri, vsque aquam de Thetb ex parte 
occidentali, et descendendo per dictam aquam vsque marchiam predicte ville 
de Dune : Tenendam et habendam eidem domino Waltero, heredibus suis seu 
assignatis, de nobis et heredibus nostris, in perpetuum in feodo et hereditate, 
sine aliquo retenemento ; cum omnibus suis libertatibus, rectitudinibus, et 
aysiamentis ad dictas terras spectantibus, vel aliquo modo de iure spectare 
valentibus ; et cum piscaria aque de Theth, quatenus predicte terre de Thorn 
et de Lanarkynys se extendunt, adeo libere, quiete, plenarie, pacifice, honori- 
fice et integre, sicut alique terre in regno Scocie ab aliquo comite vel barone 
tenentur vel possidentur, liberius, quiecius, per cartam vel per scriptum 
fuerint collate, concesse, vel infeodate, in bosco et piano, in pratis et pascuis, 
pasturis, in nioris, marisiis, in viis et semitis, in stagnis et aquis, in molendinis 
et multuris, in piscariis et viuariis, in venacionibus et aeriis, in merchetis et 
blodwytis, et in omnibus aliis aysiamentis, tarn nominatis quam non nominatis, 
vt predictum est, ad easdem terras spectantibus, vel quocunque modo de iure 
spectare valentibus : Faciendo inde dictus dominus Walterus et heredes sui 
vel assignati forinsecum seruicium domini regis quantum ad dictas terras 
pertinet, et nobis et heredibus nostris tres sectas, ad tria placita capitalia 
nostra de Menetheth, pro omni alio seruicio seculari, consuetudine, exaccione, 
vel demanda, que de predictis terris exigi poterunt vel peti. Nos vero et 
heredes nostri predictas omnes et singulas terras, vt predictum est, eidem 
domino Waltero et heredibus suis seu assignatis, contra omnes homines et 
feminas warantizabimus, acquietabimus, et in perpetuum defendemus. In 









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1330.] GILBERT DRUMMOND OF BOQUHAPLE. 227 



cuius rei testimonium presenti scripto sigillum nostrum apposuimus ; hiis 
testibus, dominis Johaune de Menetheth, Malisio de Stratherne, Willelmo de 
Monte Fixo, militibus, dompno Cristino priore de Insula Sancti Colmoci, 
Alexandra de Menetheth, Guilberto de Drummond, Malcolmo de Drummond, 
et multis aliis. 

21. Charter by Murdach Earl of Menteith to Gilbert of Drummond, of 
the western half of the town of Buchchoppill, in the Earldom of 
Menteith.— [Circa 1330.] 1 

Omnibus hoc scriptum visuris vel audituris, Murdacus comes de Meneteth, 
salutem eternam in Domino : Nouerit vniuersitas vestra nos dedisse, conces- 
sisse et hac presenti carta nostra confirmasse Gilberto de Drommund pro 
homagio suo et seruitio totam occidentalem dimidietatem ville de Buch- 
choppill, propinquius terre de Busby adiacentem, infra comitatum nostrum de 
Meneteth, per omnes rectas metas suas et diuisas, et cum omnibus iustis suis 
pertinenciis : Tenendam et habendam eidem Gilberto et heredibus suis ac 
assignatis de nobis et heredibus nostris in feodo et hereditate in perpetuum, 
libere, quiete, plenarie et honorifice, in bosco et piano, pratis et pascuis, moris 
et maresiis, viis et semitis, aquis et stangnis, molendinis et multuris ac 
bracinis, piscariis et viuariis, in venacionibus et aucupacionibus, et cum 
omnibus aliis libertatibus, commoditatibus et aysiamentis, tam nominatis quam 
non nominatis, ad dictam dimidietatem ville spectantibus uel de iure seu titulo 
in posterum spectare valentibus : Faciendo inde ipse et heredes sui seu 
assignati forinsecum seruicium domini Begis quantum ad dictam dimidie- 
tatem ville pertinet, et tres sectas curie ad tria placita nostra capitalia de 
Meneteth per annum, pro alio omni seruicio seculari, consuetudine, exaetione 

1 Original in Blair Drummond Charter-chest. 



228 MENTEITE CHARTERS. [1330. 



et demanda, que per nos uel lieredes nostros de dicto Gilberto uel heredibus 
suis seu assignatis pro dicta dimidietate ville exigi poterunt seu demandari : 
Et si contingat dictum Gilbertum aute Matildem sponsam suam in fata 
decedere, quod absit, volumus et concedimus quod predicta Matildis sponsa 
sua totam predictam dimidietatem ville de Buchchopill cum suis pertineuciis 
in omnibus pro tempore vite sue libere et paciflce teneat et possideat : Et si 
contingat dictum Gilbertum sine herede masculo de corpore suo legitime 
procreato, quod absit, in fata decedere post decessum dicte Matildis, damus 
et concedimus per presentes, pro nobis et heredibus nostris, Elene filie pre- 
clicti Gilberti et heredibus suis masculis de corpore suo legitime procreatis 
seu procreandis totam prenominatam dimidietatem ville de Buchcoppill cum 
pertinenciis, in omnibus et per omnia, vt superius prescriptum est, adeo libere 
et plenarie sicut presens carta nostra in se proportat et testatur : Et si con- 
tingat predictam Elenam sine herede masculo de corpore suo procreato in 
fata decedere, volumus quod Elysabeth soror predicte Helene predictam terrain 
libere, plenarie, sub eadem forma teneat et possideat : Et quod post decessum 
predicte Elysabeth, si contingat earn sine herede masculo decedere, Johanna 
soror predicte Elysabeth sepedictam terram sub forma predicta habeat : Et 
quod post decessum Johanne, si heredem masculum de suo corpore non habeat 
procreatum, Anabilla soror predicte Johanne sepedicta terra in eadem forma, 
in omnibus et per omnia, gaudeat : Si vero contingat predictam Anabillam 
post decessum suum de corpore suo heredem masculum non habere, volumus et 
concedimus quod predicta dimidietas ville de Buchchoppill ad predictum Gil- 
bertum de Drommund et ad heredes suos integraliter reuertatur, prout in carta 
sua plenius continetur. Nos vero Murdacus comes de Meneteth et heredes 
nostri totam predictam dimidietatem ville de Buchchopill cum suis pertinenciis, 
in omnibus et per omnia, predicto Gilberto de Drommund et heredibus suis 
seu assignatis, vt prescriptum est, contra omnes homines et feminas varantizabi- 



1330.] MURDAGH, EIGHTH EARL GF MENTEITH. 229 



iiius, acquietabimus in perpetuum et defendenius. In cuius rei testimonium 
present! scripto sigillum nostrum apposuimus ; hiis testibus, domino Mau- 
ricio Dei gratia Dunblanensi episcopo, domino Alexandra de Meneteth 
fratre nostro, Johanne de Menteth, domino Waltero de Menteth, Malcolmo 
de Drommund, Gillecrist filio Douenaldi, Anacolo filio Symonis, et multis 
aliis. 



22. Charter by Murdach Earl of Menteith to Eobert of Logi, of the 
lands of Easter Broculli in Menteith. [Circa 1330.] 1 

Omnibus hoc presens scriptum visuris vel aiidituris, Murdacus comes de 
Meneteth, eternam in Domino salutem: Nouerit universitas vestra me 
dedisse, concessisse et hac presenti carta mea confirmasse Eoberto de Logi, 
filio quondam Malisii de Logi, pro homagio et servicio suo, totam terram de 
Estir Broculli in Menetethe cum pertinenciis, per omnes suas rectas~ divisas 
et marchias: Tenendam et habendam sibi et heredibus suis de me et 
heredibus meis, in feodo et hereditate, in bosco et piano, in pascuis et 
pratis, in terris et aquis, in viis et semitis, in molendinis, piscariis, vena- 
cionibus et aucupationibus, et omnibus aliis libertatibus, commoditatibus, 
et aysiamentis, tarn non nominatis quam nominatis, ad dictam terram 
pertinentibus seu aliquo jure pertinere valentibus, libere, quiete, plenarie, 
honorifice et in pace : Faciendo inde forinsecum servicium domini Eegis 
quantum ad dictam terram pertinet, et tres sectas quolibet anno, ipse et 
heredes sui mihi et heredibus meis, ad tria placita capitalia comitatus de 
Menetethe, pro omni alio seculari servicio, consuetudine, exaccione vel de- 
manda, que de dicta terra per me et heredes meos in posterum exigi poterunt 

1 From a copy made by the late Mr. George Charter-chest. The original charter is not 
Smythe of Methven, in the Logiealmond there. 



2.30 



MENTEITH CHARTERS. 



[1330. 



vel requiri. Ego vero predictus Murdacus et heredes mei predictam terrain 
cum pertinenciis, ut plenius . . . predicto Koberto et heredibus suis 
contra omnes homines et feminas warrantizabimus, acquietabimus inper- 
petuum et defendemus. In cuius rei testimonium hanc cartam sigilli 
mei inpressione roboravi; hiis testibus, dominis Johanne de Menetetbe, 
Willelmo de Montefixo, Waltero de Menetetbe, militibus, Johaime de 
Moravia de Drumsergart, Gilberto de Drummad, Malcolmo de Drummad, 
et multis aliis. 



Seal on white wax, but much defaced. 1 



23. Chaktee by Johanna of Menteith, Countess of Steathebn, to John, 
son of Waltee, of the lands of Gellow, in the barony of Cortachy. — 
[Circa 1330.] 2 



Omnibus hanc cartam visuris vel audituris, Jobanna de Menteth comitissa 
de Strateherne, salutem in Domino sempiternam : Sciatis nos dedisse, eon- 
cessisse, et hac presenti carta nostra imperpetuum confirmasse, a nobis et 
heredibus nostris, dilecto seruo nostro et fideli Johanni filio Walteri, et 
heredibus suis quibuscunque, totam terram nostram de Gellow in baronia 
de Kortachy, infra vicecomitatum de Forfare, cum omnibus suis pertinenciis, 
pro suo fideli seruicio nobis impenso et in futurum impenderido : Tenendam 
et babendam terram premissam dicto Jobanni et heredibus suis, in feodo et 
hereditate, de nobis et heredibus nostris imperpetuum, cum omnibus suis 
pertinenciis vniuersis et singulis, per omnes rectas metas suas, diuisas et 
antiquas, in moris, marresiis, stangnis, pascuis, pasturis, viis, semitis, siluis, 

1 Note by Mr. Srnythe on his Transcript. Charter-chest. No seals are now appended 

2 Original Charter in the Earl of Airlie's to the charter : only three tags for them. 



1330.] JOHANNA OF MENTEITH, COUNTESS OF STRATHERN 231 

aquis, molendinis, brasinis, carnificiis, petariis, turbariis, venacionibus, aucupa- 
cionibus, boscis et planis, et cum omnibus aliis libertatibus, comoditatibus, et 
aysiamentis quibuscunque, tarn sub terra quam supra terrain, tarn nominatis 
quam non nominatis, nomine albe firme, dictam terram tangentibus, vel 
quouismodo infuturum tangere valentibus, ita libere, quiete, bene, plenarie, 
et pacifice, sicut aliqua terra in modo albe firme, infra regnum Scocie, alicui 
liberius, quiecius, melius, plenarius, ac pacificencius conceditur ac datur, 
saluo tamen forinceco seruicio domini nostri regis quantum inde debetur : 
Eeddendo inde idem Johannes et heredes sui, annuatim, ad festum Pente- 
costes, nobis et heredibus nostris, ad manerium nostrum de Kortaeby, vnum 
denarium argenti, nomine albe firme, si petatur, pro omnibus aliis oneribus, 
exaccionibus et demandis, que et quas de nobis et heredibus nostris, a dicto 
Johanne et heredibus suis, de dicta terra aliqualiter exigi poterint vel 
requiri : Et nos vero Johanna de Menteth, comitissa premissa, pro nobis et 
heredibus nostris quibuscunque, dictam terram de Gellow cum omnibus suis 
pertinenciis, in omnibus et per omnia, sicut dictum est, dicto Johanni filio 
Walteri et heredibus suis, imperpetuum, contra omnes homines et feminas 
presentes et futures, warantizabimus, acquietabimus et defendemus : In 
cuius rei testimonium sigillum nostrum presenti carte nostre est appensum, 
vna cum sigillis domiuorum Lamberti, rectoris de Lundy, et Willelmi de 
Eettreff, perpetui vicarii ecclesie de Owterhous ; hiis testibus, dominis Eogero 
de Mortuomare, et Eoberto de Eamsay, militibus, Waltero de Ogilby, 
vicecomite de Forfare, Henrico de Lyttoun, et multis aliis. 1 

1 In Robertson's Index of Missing Charters n.d. This charter, it appears from the same 

of the reign of King Robert I. appears — Index, was duly confirmed by King Robert, 

" Carta quam Malisius Comes de Stratherne by a Charter of Confirmation, " to Jean 

fecit Johanne, filie quondam Joannis de Men- Monteith of the lands of Cartachie in sheriff- 

teith militis, sponse eiusdem comitis, of the dom of Forfar, Glenlitherner, Dalkeith, half 

lauds of Cartachie in vicecomitatu de Forfar." of Urwkell, in earldom of Stratherne." n.d. 



232 MENTEITH CHARTERS. [1343. 



24. Notarial Instrument narrating the proceedings of the Marriage betrothal 
between Bertold of Loen and Philippa of Moubray. — London, 30th 
October 1343. 1 

In Dei nomine amen. Per presens publicum instrumentum cunctis appareat 
euidenter, quod anno ab Incarnacione Domini, secundum cursum et com- 
putacionem ecclesie Anglicane, millesimo trescentesimo quadragesimo tercio, 
indictione duodecima, die penultimo mensis Octobris, pontificatus sanctissimi 
in Christo patris, et domini nostri, domini Clementis diuina prouidencia Pape 
sexti, anno secundo, in ecclesia parochiali beate Marie Magdalene, in Milkstrete, 
London, in mei notarii publici iufrascripti et testium subscriptorum presencia, 
personaliter constitutus discretus vir, magister Johannes Peuere, asserens se 
procuratorern circumspecti viri, Bertoldi de Lon Coloniensis diocesis, ac 
nobilis mulieris Philippe de Mouubray, quesiuit a discretis viris dominis 
Johanne dicto de Ponte, London, et Johanne de Euesham, presbytris, in eadem 
ecclesia tunc presentibus, ac diligenter peciit ab eisdem, an sciebant, vel 
aliquis eorum sciebat, de aliquo contractu matrimoniali inito aliquo tempore 
inter prefatos Bertoldum et Philippam : Et dictus dominus Johannes de Ponte 
dixit expresse quod vidit, audiuit, et personaliter interfuit, quando dictus Ber- 
toldus, in domo Johannis de Weston in Temsestrete ciuis et draperi, London, die 
Mercurii contingente octauo die post festum Sancti Johannis Baptiste, anno 
Domini millesimo trescentesimo tricesimo octauo, matrimonium cum dicta 
Philippa contraxit, per hec verba: Ego Bertoldus de Lon accipio te Philippam 
de Mouubray in vxorem meam tenendam totis temporibus vite mee, et ad hoc 
do tibi fidem meam : Dixit eciam dictus dominus Johannes de Ponte, quod 
vidit, audiuit, et interfuit, quando dicta Philippa statim respondebat eidem 
Bertoldo, per hec verba : Et ego Philippa de Mouubray accipio te Bertoldum 
1 Original in H. M. General Register House, Edinburgh. 



1343.] BERTOLD OF LOEN AND PHILIPPA OF MOUBRAY. 233 



de Lon in virum meum tenendum ad to turn tempus vite mee, et ad hoc do tibi 
fidem meam. Et prefatus dominus Johannes de Euesham, presbiter, dixit 

expresse coram prefato magistro Johanne, procuratore vt premittitur dictorum 
Bertoldi et Philippe, quod dicta Philippa grauiter infirmata, non habens spem 
vite sue, fatebatur coram eodem domino Johanne tunc habente curam anime 
ipsius Philippe, ad conscienciam suam exonerandam, quod ipsa Philippa non 
habuit ius ad Thomam de Westoun, maritum suum pretensum, quia cum 
dicto Bertoldo de Lon matrimonium primitus precontraxit : Dixit et idem 
dominus Johannes de Euesham, quod ipse tunc iniunxit eidem Philippe pro 
salute anime sue, quod dictum Thomam de Westoun maritum suum sic 
pretensum omnino dimitteret, et dicto Bertoldo tanquam viro suo legitimo 
adhereret. Acta sunt hec, prout supra scribuntur, sub anno, indictione, die, 
mense, loco et pontificatu predictis ; presentibus, discretis viris Johanne de 
Boemia et Adam dicto le Hanberger, ac aliis multis testibus ad premissa 
vocatis specialiter et rogatis. 

Et ego Thomas Hamund de Asshewell, clericus Lincolnensis diocesis, 
publicus apostolica auctoritate notarius, predictis omnibus et sin- 
gulis in dicta ecclesia beate Maria Magdalene, sic vt premittitur, 
habitis, factis, et confessatis, vna cum dictis testibus personaliter 
inter fui [etc., in forma communi]. 1 
[Dorso :] Instrument tane at London anno 1343, anent the marriage 
of Philippa de Moubray and Bertold de Lone. 

1 There is also in H. M. General Register manding him, in reference to the cause 

House another notarial instrument, unfortu- matrimonial, proceeding between Bertold de 

nately mutilated, narrating that, on 18th Lon on the one part, and Thomas of Weston 

December 1343, at the parish church of All and Philippa de Moubray, otherwise called of 

Hallows in the Ropery [Omnium Sane- Gyse [alias dictam de Gyse], on the other 

torum ad Fenum], London, there were read part, to declare the contract of marriage 

letters from the Archdeacon of London, between the said Thomas and Philippa to be 

addressed to the rector of said church, com- null and void, and the contract of marriage 

■2 G 



234 



MENTEITH CHARTERS. 



[1352. 



25. Disposition by John of Meneteth, Sheriff of Clackmannan, to John 
Mercer, burgess of Perth, of the ward and relief of the lands of Sir 
William of Murray of Tullibar dine— [31st May] 1352. 1 



Pateat vniuersis per presentes, nos Johannem de Meneteth, vioecomitem de 
Clacmanane, prorsus et libere vendidisse Johanni Mercer, burgensi de Perth, 
totum ius et clameum quod habuimus vel habere poterimus in wardis seu 
releuiis terrarum quondam domini Willelmi de Morauia, domini de Tolibardy, 
datis et concessis nobis per dominum Willelmum comitem de Sotheyrland et 
dominam Johannam comitissam, sponsam suam, comitissam, videlicet, de 
Stratheryn, vna cum iure quod habuimus in annuo redditu de Pytwer et Aldy, 
per Cristianam More, sponsam quondam Eeginaldi More, pro quadam sunima 
pecunie nobis integraliter persoluta pre manibus : In cuius rei securitatem 
obligamus nos et heredes nostros ad warantizandum predicto Johanni Mercer, 
et heredibus suis aut assignatis, predictam wardam seu releuium contra pre- 
fatum comitem de Sotheyrland et comitissam de Stratheryn, sponsam suam 
legitimam. In cuius rei testimonium presentibus sigillum nostrum est 
appensum, vna cum sigillo Walteri Olifant, in euidencius testimonium. 
Datum apud Perth, die Jouis proximo post festum Penthecostes, anno Domini 
M.ccc. quinquagesimo secundo. 



between the said Bertold and Philippa to be 
lawful, and, after thirty days from the date 
of the admonition, to procure their marriage 
in the face of the church, that the said Ber- 
told aud Philippa may adhere to each other 
as husband and wife ; which declaration was 
duly made in said church, in presence of John 
called clerk of London, Thomas Frend, John 
called of Chamber, John of Berne, Tyde- 



mann Rotes, Ingelbert of Lenepe, of the 
dioceses of Norwich, St. Andrews, Prague, 
and Cologne. And on the same day the said 
rector went to the house of the said Philippa, 
situated within the above parish, in a certain 
veunel [venella] called Prestoues rente, and 
informed her of the above proceedings. 

1 Original in the Athole Charter-chest. 



1353.] JOHN OF MENTEITH, LORD OF KNAP DALE AND ARE AN. 235 



26. Charter by John oe Menteith to Gillespic Campbell of Lochow, of 
his lands in Knapdale. — [29th November] 1353. 1 

Sciant presentes et futuri, quod ego Johannes de Menthet, dominus de 
Cnappodol et de Aran, dedi, concessi, et in hac presenti carta mea confirmaiii 
iideli consanguineo rneo Gilleasbeg Cambel, domino de Lochowo, et heredibus 
suis ac assignatis, de me et heredibus meis, totas terras subscriptas in 
Cnappodol; videlicet, denariatam terre de Ardnanno, Ervergy, Ariluyg 
et Arierech, quadrantem de Bercorari, denariatam de Leachcnaban, 
Drumlynd et de Craglyne, quadrantem terre de Obinhan, denariatam de 
Bealalach, denariatam de Conardari, obulatam de Dunan, denariatam de 
Glencagiduburgilli et Arigeargage, denariatam de Lagan, obulatam de 
Achagnaclochi, denariatam de Kyllmychel et de Cragnavyach, obulatam 
de Lergnahunsend propinquiorem terre de Kyllmychel, denariatam de 
Drumnaherwege et de Metnach, tres quadrantes de Achagnadarach, 
obiilatam de Achagnagarthi, tres quadrantes terre de Braclach, obulatam 
de Kyllalduburscalan, obulatam de Atichuan, denariatam de Ynwerneill, 
Breanorlyng et de Cororlynge, per suas rectas metas antiquas et ex vtraque 
parte diuisas : Tenendas et habendas dicto Gilleasbeg Cambel, de me et 
heredibus meis, sibi et heredibus, in feuodo et hereditate, vnacum varda et 
releuio earundem terrarum, quossiens ad nos uel heredes nostras contigerint 
varda uel releuium earundem peruenire, adeo libere, quiete, plenarie, pacifice 
et honorifice, in boscis, in planis, in pratis, in pascuis, in moris, in moressiis, 
in viis, in semitis, in aquis, in stagnis, in venacionibus, in piscacionibus, 
in molendinis, in siluis, in montibus, et cum omnibus aliis pertinenciis, 
libertatibus ac ayssiamentis, ad dictas [terras] spectantibus vel de iure 

1 Oricrinal Charter at The Binns. 



236 



MENTEITH CHARTERS. 



[1353. 



spectare valentibus in futurum : Si vero contingat quod fur aut fures, latro 
uel latrones, in terris supradictis fueriut atachiati propter furtum, eidem 
Gilleasbeg, heredibus suis ac assignatis, conuedimus liberam potestatem 
vendendi ac dimittendi ipsos, prout sibi placuerit ; preterquam quod si ad 
mortem fueriut iudicatus aut iudicati ad batibulum et curiam nostram 
suspendendi reducantur : Eeddendo inde nobis et heredibus nostris vnum 
denarium sterlingorum in festo Sancti Martini anuuatim persoluendum, si 
dictus Gilleasbeg uel heredes sui per nos aut heredes nostros ad hoc fuerint 
requisiti, pro omni seruicio seculari et demanda : Ego vero prefatus Johannes 
de Menthet et heredes mei predictas terras dicto Gilleasbeg Cambel et 
heredibus suis ac assignatis, contra omnes homines et feminas varantizabimus, 
aquietabimus et defendemus : In cuius rei testimonium sigillum nostrum 
est appensum : Datum apud Castrum Suffin (Swaine), in vig[iliis] Sancti 
Andree Apostoli, anno Domini m°ccc° quinquagesimo tercio. 1 



1 In addition to the above charter, there is 
entered in the Duke of Argyll's inventory of 
the title-deeds of Knapdale the following 
two charters by John of Menteith, Lord of 
Knapdale : — 

Charter be John of Monteeth, Lord of 
Knapdaill and Arrau, in favors of Archibald 
Campbell, Lord of Loehaw, his aires and 
assigneyes, off that penny land within which 
Castel Swine is sitnat, the lands of Apenad, 
the 2d land of Danna called Barmore, the 
three penny land of 01 va, the lands of Dal- 
lechelicha, Stroud Oure, and the lands of 
Dreissag in Knapdaill, with the ward and 
releiff of the said lands as they shall hapen 
to fall to the said John of Monteeth and 



his aires : To be holden for payment of a 
paire of whyt gloves at Martimass in winter 
yearly, if the same shall be asked : With 
power also to the said Archibald Campbell and 
his aires of selling and dismissing of theiffs 
as they please ; and if they be condemned to 
death, with power to cause hang them wpon 
ane gallows. Which charter is without date. 
Charter be John Lord of Menteeth to Sir 
Archibald Campbell of Loehaw and his aires, 
of the said Eobert [John] his lands in Knap- 
daill and Arran, with the keeping of Swine 
Castell and pertinents theroff, which John 
Lord of Monteeth did more fully dispone to 
Archibald Lord of Lochow. Which charter 
is lykewayes without date. 



1354.] HEIRESS OF MENTE1TH AND THOMAS EARL OF MAR. 237 



27. Dispensation by Pope Innocent the Sixth for the marriage of 
Thomas Eakl of Mae and Lady Makgaeet, daughter of the late John 
Geaham, Eael of Menteith. — 29th May [1354]. 

Venekabili fratri, [Johanm] Episcopo Aberdonensi, salutem, etc. Petitio pro 
parte dilecti filii nobilis viri, Thome comitis de Mar, et dilecte in Christo 
filie nobilis mulieris Margarete, nate quondam Johannis comitis de Menetoth, 
nuper nobis exhibita, continebat quod ipsi olim ignorantes aliquid impedi- 
mentum existere inter eos quominus ipsi possent licite invicem matri- 
monialiter copulari, matrimonium per verba de presenti in facie ecclesie, 
nemine se opponente, publice invicem contraxerunt, illudque carnali copula 
consummarunt ; et quod postmodum ad eorum pervenit notitiam quod ipsi in 
quarto sunt consanguinitatis gradu coniuncti, propter quod ipsi nequeunt in 
sic contracto matrimonio remanere, dispensacione super hoc apostolica non 
obtenta ; quare nobis pro parte ipsorum Thome et Margarete extitit 
humiliter supplicatum, ut eis super hoc de oportune dispensationis benefltio 
providere de benignitate apostolica dignarenmr : Nos itaque, qui animarum 
salutem querimus, singulorum ipsorum Thome et Margarete supplicationibus 
inclinati, fraternitati tue de qua in Domino fiduciam obtinemus, ex certis 
causis ex parte ipsorum Thome et Margarete nobis expositis, per apostolica 
scripta comittimus et mandamus, quatenus si est ita cum eisdem Thoma et 
Margareta, ut, impedimento quod ex dicta consanguinitate provenit non 
obstante, in dicto matrimonio remanere licite ualeant, auctoritate nostra 
dispenses, prolem susceptam et suscipiendam ex huiusmodi matrimonio 
legitimam nunciando. Datum apud Villamnouam, Auinionensis diocesis, 
nil. kal. Junii, anno secundo. 1 

1 From the Register of Miscellaneous Letters of Pope Itmoeent vi. at Rome. 



238 MENTEITH CHARTERS. [1359. 

28. Chaetee by King David the Second restoring the barony of Stragartnay 
to Sie John of Menteith, knight. — 5th April [1359]. 

Dauid Dei gracia Eex Scottorum, omnibus probis hominibus tocius terre sue, 
salutem : Sciatis quod cum nos alias per suggestionem quorundam terras de 
Strongartnay cum pertinenciis, tunc infra vicecomitatum de Perth, nunc autem 
infra vicecomitatum de Striuelyn, a Johanne de Meneteth, milite, consan- 
gurneo nostra, tunc plenam et pacificam earundem terrarum possessionem 
habente, in nostris manibus recepimus, et quondam Johannem de Loghi infeo- 
dauimus nostris literis in eisdem : Beminiscentes memoriter, per nostrum con- 
silium uerius informati, quod venerande memorie dominus pater noster easdem 
terras cum pertinenciis, tanquam ipsum ex forisfacto quondam Johannis de 
Loghy militis, patris eiusdem quondam Johannis de Loghy, contiugentes, dedit 
hereditarie et concessit, ac carta sua quam vidimus confirmauit in liberam 
baroniam quondam Johanni de Meneteth, militi, patri predicti Johannis de 
Meneteth et Elene de Marr spouse eiusdem, nepti sue, coniunctim, et heredibus 
eorundem, tanquam in puro ac libero maritagio, prout in carta predicta plenius 
continetur ; ipsique in dicta baronia obierunt vestiti legittime et saisiti : 
Vniuersitati vestre tenore presencium volumus esse notum quod nos dicto 
Johanni de Meneteth, militi, consanguineo nostra, eumdern statum predicte 
baronie de Strongartnay cum pertinenciis concedimus per presentes secundum 
tenorem dicte carte, et ad talem possessionem omnino restauramus eum et 
plane admittimus, quern statum qualemque possessionem habuit ante tempus 
donacionis nostre dicto quondam Johanni de Loghy inde facte ; non obstante 
donacione huiusmodi, nee dicto Johanni de Meneteth, militi, aut suis heredi- 
bus preiudicium aliquod valente facere in futurum ; cum ipsam eciam inter 
ceteras donaciones nostras alias factas in pleno parliamento nostra post 
deliberationem nostram ab Anglia primo tento reuocauerimus, et tenore 



1360.] FEUDS OF MENTEITHS AND DRUMMONDS. 239 



presencium speeialiter reuocamus ; presertim considerato similiter, quod pre- 
diction Johannem de Meneteth, militem, a statu et possessione terre sue 
recuperate de iure nequaquam potuimus iuste deiicere, nisi recompensacione 
debita alibi sibi facta : In cuius rei testimonium has literas nostras dicto 
Johanni de Meneteth pro se et suis heredibus fieri fecimus patentes ; apud 
Dunde, in consilio nostro tento ibidem, quinto die Aprilis, anno regni nostri 
vicesimo nono. 

29. Agreement between John of Drummond and John and Alexander 
Menteith, after the slaughter of Walter, Malcolm, and William 
Menteith.— 17th May 1360. 

Anno ab Incarnacione Domini millesimo trecentesimo sexagesimo, die 
Dominico, decimo septimo die mensis Maii, super ripam aque de Forth iuxta 
Striuelyn, in presencia dominorum Eoberti de Erskyn et Hugonis de 
Eglyntoun, iusticiariorum Scocie, et domini Patricii de Grame ac aliorum 
plurium nobilium et proborum, inter Johannem de Dromud ex parte vna, et 
Johannem de Meneteth et Alexandrum de Meneteth, fratres quondam Walteri 
de Meneteth ex altera, omnibus inimicitiis hinc inde et dissensionibus sopitis, 
finaliter fuit reformata concordia per hunc modum, videlicet : Quod pro emendis 
occisionum dicti quondam AValteri de Meneteth, et Malcolmi ac Willelmi 
fratrum eiusdem, et hominum ac adherentium eorundem cum eis vel alibi 
vbicumque, per dictum Johannem de Dromud, homines seu adherentes suos, 
interfectorum ; necnon pro omnibus feloniis, transgressionibus et dampnis, 
per ipsum Johannem de Dromud, Mauricium fratrem suum, et Walterum de 
Morauia, ac per quoscumque alios homines et adherentes eiusdem Johannis 
de Dromud, vsque in diem confectionis presencium, predictis fratribus 
omnibus et singulis, et parentibus,amicis,hominibus ac adherentibus eorundem 



240 MENTEITH CHARTERS. [1360. 

qualitercmnque perpetratis seu illatis, finaliter emendandis ; — idem Johannes 
de Dromud, pro se et suis heredibus, dedit, concessit, et facta infeodacione per 
cartam confirrnauit Alexandra de Meneteth supradicto et heredibus suis 
totam terrain suam de Kosnef cum pertinenciis, infra comitatum de Leuenax, 
cum clausula warrantie, prout in ipsa carta plenius continetur : Et concessit 
expresse ex hoc pacto quod, licet in eadem carta fiat mencio de homagio et 
seruicio secundum communem cartarum tenorem, dictus tamen Alexander 
non tenebitur, pro tempore vite sue, sicut nee sui successores in posterum, ad 
seruicium aliquod preter homagium atque sectam. Concessit quoque similiter 
idem Johannes de Dromud, quod in casu quo dictus Alexander maluerit verum 
et propinquiorem heredem dicti quondam Walteri fratris sui sibi in dicta 
hereditate succedere, quam propriam prolem suam, licet earn habuerit de se 
legittime procreatatn, ipsum heredem dicti quondam Walteri ad successionem 
hereditariam dicte terre tanquam heredem assignatum dicti Alexandri in hoc 
casu admittet, et ex nunc prout ex tunc, pro se suisque heredibus, dicto casu 
contingente, admittit et acceptat pariter per presentes. Insnper et dictus 
Johannes de Dromud in ampliacionem emendacionis omnium premissorum, 
que propter bonum concordie sedari summe desiderat, pro se et heredibus suis, 
necnon pro Mauricio fratre suo et pro Waltero de Morauia predictis, ac pro 
quibuscumque aliis hominibus, parentibus, amicis et adherentibus suis, quos 
restringere potest et tenetur, omnem animorum rancorem et motionem, ac 
omnimodam actionem et sectam quas habuerunt dicto die vel habere potuerunt 
aut habere vnquam poterunt in futurum, erga dictos fratres, heredes, parentes, 
amicos, homines et adherentes suos, pro quibuscumque transgressionibus, 
feloniis, dampnis et iniuriis, sibi et suis prenominatis illatis seu commissis in 
personis vel bonis, occulte vel puplice, penitus et manifeste remisit : Obligando 
se firmiter, fide data, quod dicti fratres et heredes sui, ac heredes dicti quondam 
Walteri, necnon omnes et singuli parentes, amici, homines et adherentes 



1360.] AGREEMENT BETWEEN MENTEITHS AND DRUMMONDS. 241 

eorundem ant eiusdem quondam Walteri, quos ipsi fratres possunt astringere 

et tenentur, ab ipso Johanne de Dromud, heredibus suis, necnon ab omnibus 

prenominatis suis parentibus, amicis, hominibus et adberentibus, ac ab omni 

procuracione sui sen suorum puplica vel occulta, pro quacumque felonia, trans- 

gressione seu malefacto usque in dictum diem quomodolibet perpetratis, quos 

scilicet idem Johannes potest astringere et tenetur, quieti erunt inperpetuum 

et indempnes. Eciam dictus Johannes de Dromud concessit et manucepit 

quod Ghillaspic et Kessanus dicti M c Ghillecharrik, Dounaldus filius Gilberti, 

Duncanus filius Kegelli, et omnes alii qui fuerunt ad interfectionem Bricii 

procuratoris, erunt specialiter pro dicta interfectione ac pro quibuscumque aliis 

transgressionibus qualitercumque hucusque perpetratis, a dicto Johanne de 

Dromud, Mauricio fratre suo, et Waltero de Morauia, ac ab omnibus et 

singulis hominibus et adherentibus suis, quos ipse potest et tenetur astringere, 

indempnes et quieti, nee procurabunt eis, puplice vel occulte, malum, molestiam 

seu grauamen : Sed si aliqui alii de parentela voluerint eos prosequi pro morte 

dicti Bricii, in forma iuris, licitum erit eis, sed dictus Johannes, frater suus 

predictus, aut Walterus de Morauia, huiusmodi prosecutores, si qui fuerint, 

clam uel palam, in hoc non manutenebunt in aliquo nee fouebunt. Similiter 

et Finlaus filius Ay pro aliquo hucusque commisso indempnis erit a dicto 

.Johanne de Dromud, Mauricio fratre suo, et Waltero de Morauia, ac aliis 

suis hominibus, occulte vel puplice, quos ipse potest astringere in hoc casu. 

E conuerso dicti fratres, Johannes et Alexander de Meneteth, pro se et suis 

heredibus, ac pro heredibus dicti quondam Walteri, dictis Johanni de Dromud, 

Mauricio fratri suo et Waltero de Morauia, ac omnibus et singulis aliis 

parentibus, amicis, hominibus, et adherentibus eiusdem Johannis de Dromud, 

omnem rancorem et motionem animorum suorum, ac omnem actionem et 

sectam quas contra ipsos vel ipsorum aliquem habuerunt, vel habere potue- 

runt aut poterunt in futurum, causa interfectionum dictorum fratrum suorum, 

2 H 



242 



MENTEITH CHARTERS. 



[13G0. 



seu causa aliarum quarumcumque transgressionum, feloniarum, iniuriarum vel 
dampnorum, vsque in eumdem diem confectionis presencium qualitercumque 
perpetratarum, clam vel palam, manifeste et corditer in perpetuum remiserunt : 
Obligando se similiter vice uersa,quod dictus Johannes de Dromud, et Mauxicius 
frater eius, ac Walterus de Morauia, necnon omnes et singuli alii parentes, 
amici, homines et adherentes eiusdem Johannis, quos ipse potest et tenetur 
astringere, a dictis fratribus Johanne et Alexandro et heredibus suis ac 
heredibus dicti quondam Walteri, ac ab omnibus et singulis aliis parentibus, 
amicis, hominibus et adherentibus eorundem, quos ipsi possunt astringere et 
tenentur ; atque ab omni perpetracione siue occulta vel puplica pro predictis 
interfectionibus, ac pro quibuscumque aliis transgressionibus, feloniis siue 
clampnis, usque in dictum diem qualitercumque patratis, indempnes erunt 
penitus in perpetuum et quieti. Preterea Walterus de Buchanane, nepos 
dicti quondam Walteri, pro se et suis heredibus, hominibus et adherentibus 
vniuersis, dicto Johanni de Dromud et suis prenominatis, consimilium 
remissionum, securitatum, indempnitatum et conuencionum pacta et federa, 
quemadmodum et dicti fratres, sui auunculi, astringit firmiter et federat 
fideliter per presentes. Excipiuntur tamen precise a dictorum fratrum con- 
uencione et obligacione premissa, Ghillaspic Cambel et Colinus filius suus cum 
hominibus eorundem, quos ad dictam securitatem seruandam predicti fratres 
nequeunt alligare : Verum tamen ipsi duo fratres et dictus Walterus nepos 
eorundem per hoc pactum se obligant, quod in casu quo predicti Ghillaspic et 
Colinus vel eorum alter insurrexerint vel insurrexerit contra dictum Johannem 
de Dromud et suos, et in eorum grauamen, ipsum Johannem insecuti fuerint 
vel fuerit insecutus, ipsi cum tota sua potentia exurgent continuo cum dicto 
Johanne in sui defensionem contra eos vel eum tanquam contra suscitatores 
seu suscitatorem hostilitatis principaliter iam sopite ; et hoc facient tociens 
quociens contigerit ita esse. Igitur presentem reformacionem concordie iidem 



1 360.] AGREEMENT BETWEEN MENTEITHS AND DRUMMONDS. 243 

fratres et Walterus nepos eorum predictus, pro se et suis heredibus, laudantes, 
ratificantes et per omnia confirmantes, se et suos heredes obligant eamdem 
seruare fideliter, et in nullo vnquani contrauenire aut dicere seu procurare, 
occulte uel puplice, promittunt firmiter bona fide. Obligati sunt etiam dicti 
fratres, ac nepos eorum predictus, quod statim cum verus et propinquior 
heres dicti quondam Walteri ad legitimam etatem peruenerit, quod se de 
iure valeat obligare, suas literas sub sigillo suo omnino consimiles presentibus 
eumdem heredem facient suis propriis laboribus et expensis, dicto Johanni de 
Dromud et suis heredibus reddi et libere liberari : Sic, scilicet, literas intelli- 
gendo consimiles, quod consimiles remissiones, obligaciones, securitates et 
federa faciat et recipiat dictus heres tunc temporis ; et quantumuis varientur 
tunc forsitan nomiua loci, temporis, uel aliquarum personarum, ipse tamen 
litere faciende literarum presencium tenorem habeant et sapiant intellectum. 
Si vero dicti fratres Johannes et Alexander et dictus nepos suus, appropin- 
quato tempore, hoc fieri non fecerint, eo ipso tota predicta terra de Eosnef, 
cum pertinenciis ad dictum Johannem de Dromud et heredes suos irremissi- 
bihter reuertetur ; etiam et dicti Johannes et Alexander ac Walterus erunt ex 
tunc in posterum in statu quo fuerunt ante composicionem presentis tractatus. 
Ceterum si quauis temeritate, seu maligni spem versutia suggerente, quod 
absit, forte contigerit aliquem predictorum Johannis, Alexandri et Walteri, 
presentem reformacionem concordie eatenus infringere, vt mortem inferat aut 
inferri procuret persone dicti Johannis de Dromud aut Mauricio fratri suo, 
vel dicto Waltero de Morauia, siue alicui heredum, parentum, hominum uel 
adherentium dicti Johannis, propter aliquam causam uel motionem exortam 
ante diem confectionis presencium ; ille qui tante perfidie auctor uel fautor 
extiterit ex predictis, hoc statim probato per discussionem fidelium, semper 
erit in posterum in omni curia et communione proborum infamis, reprobus et 
periurus, ac ab omni honore armorum et militis depriuatus. Similiter et 



244 



ME NT E IT H CHARTERS. 



[1360. 



quicumque ex predictis Johanne et Alexandra fratribus ac Waltero, qui dicta 
probacione facta non insurgat continuo cum dicto Jobanne de Dromud et 
parte sua contra aliurn eorundem huius tractatus facti concorditer ac fidei 
proprie infractorem totis viribus, eodem nomine censebitur, eademque animad- 
uersione plectetur. Et specialiter cum boc, si dictus Alexander in boc casu 
defectum fecerit, ex hoc ipsa terra de Eosnef cum pertinenciis ad dictum 
Jobannem de Dromud et suos beredes in perpetuum reuertetur. Idcirco 
finaliter, vt buiusmodi ignominiosa opprobria tamque periculosa grauamina 
que ex infractione presentis concordie in tot personarum poteruut excitari 
excidia deuitentur, et maxime ne vsque ad vnius eiusdemque generis exter- 
minium discrimina intestina procedant, ambe partes predicte dictorum pro- 
borum salubri frete concilio, semoto omnis sinistra suspicionis et simulacionis 
scrupulo, in naturabs consanguinitatis affectum sese corditer amplectentes, 
mutue dilectionis federa futuris sincerius duratura temporibus in solide 
mentis constancia bilariter astrinxerunt ad inuicem, quam si non inualuisset 
vnquam dissensio inter ipsas. Et ad premissa ergo omnia ac singula faci- 
enda fideliter et firmiter obseruanda, quatenus tangunt et tangere possunt 
personas memoratas singulatim, dicti Johannes et Alexander de Menetetb, 
ac Walterus de Buchanane pro parte vna, et dicti Johannes de Dromud, 
Mauricius de Dromud et Walterus de Morauia pro altera, tactis sacrosanctis 
evangebis, corporalia prestiterunt personaliter iuramenta. Insuper dominus 
senescallus Scocie, comes de Strathern, pro se et suis heredibus, tanquam prin- 
cipalis parentele vtriusque partis predicte, ac domini comites de Douglas et de 
Anegus, ac dominus Johannes de Menetetb dominus de Arane, dictis Johanni 
de Dromud et Mauricio fratri suo ac Waltero de Morauia, et eorum paren- 
tibus, hominibus et adherentibus quibuscumque, omnem motion em et ran- 
corem animorum suorum erga eos conceptum pro morte quondam Walteri, 
Malcolmi et Willelmi de Meneteth, predictorum consanguineorum ■ suorum, 



1360.] AGREEMENT BETWEEN MENTEITHS AND DRUMMONDS. 2±5 



ac omnem sectain et actionem quas erga eos ob hoc habuerunt uel habere 
potuerunt sen poterunt in futururu, totaliter ad dictorum fratrum instanciam 
et propter bonum concordie remiserunt. Et presentem tractatum concordie, 
in omnibus et singulis suis punctis et articulis hinc inde initis, concessis et 
affirmatis, ipsi pro se et suis heredibus laudabilem, acceptum atque perutilem 
decernentes, et quatenus in eis est uel esse poterit confirmantes, manuceperunt 
Tirmiter, et fide data efficaciter promiserunt pro se, scilicet, quilibet singulatim, 
quod si contigerit presentem reformationem concordie in aliquo in ipso trac- 
tatu expresso per alteram dictarum partium contra alteram infringi, quod 
absit, hoc statim probato, ipsi cum sua potentia consurgent et consilio cum 
parte ista cui infractio facta fuerit contra illam. Et in huius rei testimonium, 
ac in maiorem evidenciam omnium premissorum, hiis literis duplicibus in pari 
forma omnino confectis, videlicet, vni monumento pro qualibet parte predicta, 
prefati domini sua sigilla fecerunt apponi : Monumento vero seu literis penes 
dictum Johannem de Dromud remaneutibus, dicti Johannes et Alexander 
de Meneteth, ac Walterus de Buchanane, sua apposuerunt sigilla in testi- 
monium premissorum : Illi quidem monumento seu literis penes dictos 
fratres Johannem et Alexandrum de Meneteth remanentibus, Johannes de 
Dromud, Mauricius f rater ejus, et AValterus de Morauia, sigilla sua appo- 
suerunt in testimonium eorundem. Vlterius etiain extitit concordatum, 
quamuis non sit expressum superius in loco magis competenti, quod in casu 
quo dictus Johannes de Meneteth, uel dictus Walterus nepos suus, pro aliqua 
causa uel motione exorta usque presens, dicto Jobanni de Dromud, uel 
Mauricio fratri suo, siue dicto Waltero de Morauia, aut alicui heredum, 
hominum, parentum uel adherencium eorundem, mortem intulerit quauis 
maligna suggestione, quod absit ; seu in casu quo non insurrexerit cum 
eisdem contra ilium ex ipsis qui tantum facinus perpetrauerit, prout conti- 
netur magis clare superius in clausula ; ceterum statim hoc facto et probato, 



246 



MENTEITH CHARTERS. 



[1360. 



vt ibidem dicitur, dicta terra de Rosnef ad dictum Johannem de Dromud et 
heredes suos pure et in perpetuum reuertetur, quemadmodum fieri pro facto 
Alexandri de Meneteth in prefata clausula dictum fuit. Et ad magis mani- 
festam atque auctenticam noticiam omnium et singulorum punctorum et 
articulorum contentorum in presenti tractatu, et ad perpetuam persistenciam 
eorundem, eedem partes predicte subscripcionem, attestacionem et signum 
publici tabellionis subscripti presentibus Uteris duplicibus tanquam indentatis, 
vni pari earundem, videlicet, penes alterutram dictarum partium remauenti, 
fecerunt et requisiuerunt ibidem inseri et inscribi, vna cum sigillis dictorum 
dominorum atque suis. Acta et data, anno, die et loco predictis. 



30. Charter of Confirmation by King David the Second to John 
Drummond of Concrag, of the lands of Aberfoil. — 12th November 
[1361]. 1 

Dauid Dei gracia Eex Scottorum, omnibus probis hominibus tocius terre sue, 
clericis et laicis, salutem : Sciatis nos approbasse, ratificasse, et hac presenti 
carta nostra confirmasse donacionem illam et concessionem, quam Margareta 
de Morauia comitissa de Meneteth fecit et concessit dilecto et fideli nostra 
Johanni de Dromynd de . Concrag, de terra de Abirfwll cum pertinenciis, 
infra comitatum de Meneteth : Tenenda et habenda predicto Johanni et 
proli inter ipsum et dictam comitissam procreate, ac heredibus eiusdem 
prolis, et assignatis, cum omnibus libertatibus, commoditatibus, aysiamentis, et 
iustis pertinenciis quibuscunque, ad dictam terram spectantibus, seu quoquo 
modo iuste spectare valentibus in futurum, adeo libere et quiete, plenarie, 
integre et honorifice, in omnibus et per omnia, sicut carta predicte comitisse 
eidem Johanni exinde facta in se plenius iuste continet et proportat : Saluo 
1 Original Charter at Drummond Castle. 



1361.] THE EARL OF MENTEITH RESIGNS BARNEBUGALE. 247 



seruicio nostro : In cuius rei testimonium presenti carte confirmacionis 
nostre sigillum nostrum precepimus apponi : Testibus, venerabilibus in 
Christo patribus, "Willelmo episcopo Sancti Andree, et Patricio episcopo 
Brechynensi, cancellario nostro, Eoberto Senescallo Scocie, comite de 
Stratherne, nepote nostro, Waltero Moygne et Waltero de Halyburtoun, 
militibus ; apud Sconam, duodecimo die Nouembris, anno regni nostri 
tricesimo secundo. 



31. Charter by King David the Second to Bartholomew of Loen, knight, 
and Philippa of Mowbray, his spouse, of the barony of Barnebugale, 
on the resignation of John Graham, Earl of Menteith, and Maria, his 
spouse. — 6th January [1361]. 

Dauid Dei gracia Eex Scottorum, omnibus probis hominibus tocius terre sue, 
clericis et laicis, salutem : Sciatis nos dedisse, concessisse, et hac presenti 
carta nostra confirmasse dilecto et ficleli nostro Bartholomeo de Loen, militi, 
pro homagio et fideli seruicio suo nobis impenso et impendendo, ac nostre 
dilecte consanguinee Philippe de Movbray sponse sue, totam baroniam de 
Barnebugale cum pertinenciis, infra vicecomitatum de Edynbwrgh in consta- 
bularia de Lynlithcu; quam baroniam cum pertinenciis, Johannes de Grahame, 
comes de Meneteth, et Maria sponsa sua, non vi aut metu ducti, nee errore 
lapsi, sed mera et spontanea voluntate sua, nobis apud Perth, in consilio 
nostro ibidem tento, tercio die mensis Maij, anno regni nostri decimo septimo, 
pure et simpliciter per fustum et baculum sursum reddiderunt, ac totum ius 
et clameum quod in - dicta baronia cum pertinenciis habuerunt et habere 
potuerunt in futurum, pro se et heredibus suis, omnino quietum clamauerunt 
et in perpetuum resignarunt, pro acquietancia et remissione a nobis petita et 
optenta de duobus millibus marcarum sterlingorum bonorum et legalium in 



248 



UENTEITH CHARTERS. 



[1361 



quibus supradicti Johannes et Maria racione maritagii et releuii nobis 
strictius tenebantur : Tenendam et habendam eisdem Bartbolomeo et 
Philipe sponse sue, heredibusque eoruni et assignatis, de nobis et heredibus 
nostris, in feodo et hereditate, per omnes rectas metas et diuisas suas, in boscis 
et planis, vijs et semitis, aquis, stagnis, molendinis, multuris et eoruni sequelis, 
in aucupacionibus, venacionibus et piscariis, vna cum seruicijs libere tenen- 
cium dicte baronie, et cum omnibus alijs et singulis libertatibus, commodita- 
tibus, aysiamentis et iustis pertinenciis quibuscunque ad dictam baroniam 
cum pertinenciis pertinentibns, seu quoquo modo iuste spectare valentibus in 
futurum, adeo libere et quiete, plenarie, integre, et bonorifice, in omnibus et 
per omnia, sicut predicti Johannes et Maria aut aliqui alii heredum de 
Movbray aliquo tempore dictam baroniam cum pertinenciis quiecius tenuerunt 
seu honorabilius possederunt : Eeddendo nobis et heredibus nostris ipsi Bar- 
tholomeus et Philippa, eorumque heredes et assignati, seruicium vnius sagit- 
tarii siue architenentis, cum et qnando super hoc fuerint requisiti, pro omni alio 
seruicio seculari, exactione seu demanda : Et si contingat, quod absit, aliquem 
vel aliquam heredum vel assignatorum Johannis et Marie snpradictorum, 
aliquo tempore in futurum huiusmodi eorum rennnciacionem siue presentem 
nostram donacionem contradicere, aut ad huius eneruacionem aliquid 
attemptare, volumus quod, ante omnem litis ingressum per eum vel earn, 
cuiuscunque condicionis existat, Bartholomeo et Philippe predictis eorumve 
heredibus aut assignatis plenarie et integraliter satisfiat de duobus millibus 
marcarum supradictis : Et ad huiusmodi satisfactionem firmius fiendam, sine 
nostra vel heredum nostrorum licencia liceat eisdem comitatum de Meneteth 
ac omnia bona in eodem reperta distringere, et ad vsus proprios applicare, 
donee de duobus millibus marcarum supradictis plenarie fuerit satisfactum, 
prout in pacto inter nos et eosdem facto et expressato, comitatus predictus 
strictius ad hoc extitit obligatus : In cuius rei testimonium presenti carte 



1362.] LANDS OF DRUMMOND IN STRATHERN. 249 



nostre sigillum nostrum precepimus apponi; testitms, venerabilibus in Christo 
patribus, Willelmo episcopo Sanctiandree, et Patricio episcopo Brechynensi, 
cancellario nostra, Roberto Senescallo Scocie, comite de Stratherne, nepote 
nostro, Patricio comite Marchie et Morauie, Arclaibaldo de Douglas, et 
Joharme Heryce, militibus ; apud Abirbrothock_. sexto die Januarii, anno regni 
nostri tricesimo secundo. 



32. Charter by Robert the Steward of Scotland and Earl of Strathern 
to Maurice of Drummond, of the lands of Drommane and Tulychravin. 
—Circa 1362. 1 

Omnibus hanc cartam visuris vel audituris, Robertus Senescallus Scocie ac 
comes de Stratherne, salutem in Domino sempiternam. Noueritis nos dedisse, 
concessisse et hac presenti carta nostra confirmasse Mauricio de Drom- 
munth, consanguineo nostro, dominicales terras nostras de Drommane et de 
Tulychravin cum pertinenciis, infra comitatum de Stratherne : Tenendas et 
habendas eidem Mauricio, heredibus suis et assignatis, de nobis et heredibus 
nostris, in feodo et hereditate imperpetuum, libere, quiete, plenarie et in pace, 
per omnes antiquas rectas metas et diuisas suas, videlicet, in boscis, planis, 
aquis, stagnis, viis, semitis, moris, maresiis, pratis, pascuis, venacionibus, 
aucupacionibus et piscacionibus, multuris, rnolendinis et eorum sequelis, 
fabrinis, bracinis et ceteris huiusmodi officinis, et cum omnimodis aliis 
libertatibus, commoditatibus, aysiamentis et iustis pertinenciis, tarn non 
nominatis quam nominatis, in omnibus et per omnia, tarn sub terra quam 
supra terrain, ad dictas terras cum pertinenciis spectantibus seu quoquo modo 
spectare valentibus in futurum : Reddendo inde nobis et heredibus nostris 
dictus Mauricius, heredes sui et assignati, vnum par calcarium deauratorum 

1 Original Charter at Drummond Castle. 
2 I 



250 MENTEITH CHARTERS. [1362. 

nomine albe firme, tantum si petatur, annuatim, pro omnimodo seruicio 
seculari, exaceione seu demanda, que de dictis terris cum pertinenciis per 
nos seu heredes nostros quoquo modo exigi poterunt vel requiri : Nos 
vero Eobertus Senescallus Scocie ac comes de Stratherne et heredes nostri 
dictas terras cum pertinenciis prenominato Mauricio, heredibus suis [et] 
assignatis, contra omnes homines et feminas warrantizabimus, acquietabimus 
et imperpetuum defendemus. In cuius rei testimonium presenti carte nostre 
apponi fecimus sigillum nostrum, apud Methfen ; testibus, dominis Johanne 
Senescalli, fratre nostro, Hugone de Eglintun, Thoma del Fauside, militibus, 
Waltero Olifaunt, Johanne de Eoos et Hugone de Eoos et multis aliis. 



33. Letter of Bailiery by Eobert Steward of Scotland and Earl of 
Strathern, with consent of his eldest son, John Stewart, Earl of 
Carrick, to Allan of Lauder, over his lands in Berwickshire, to 
which Eobert Stewart, Lord of Menteith, is a witness. — 16th 
October 1369. 

Omnibus hoc scriptum visuris vel audituris, Eobertus Senescallus Scocie, 
comes de Stratherne et baro baronie de Eenfrewe, salutem in Domino sem- 
piternam : Noueritis nos de consensu dilecti primogeniti nostri et heredis, 
Johannis Senescalli, comitis de Carryke, fecisse, constituisse et per presentes 
ordinasse dilectum nostrum et fidelem Alanum de Lawedir, tenentem nostrum 
de Whytslade, balliuum nostrum de omnibus terris et tenandriis subscriptis, 
videlicet, de Byrkynsyde, Ligeardwod, Morystoun, "Whytslade et Auldynstoun 
cum pertinenciis, que de nobis tenentur, in capite, infra vicecomitatum de 
Berwico-super-Twedam : Dantes eidem Alano et heredibus suis, tenentibus 
nostris de "Whytslade, pro nobis et heredibus nostris, baronibus de Eenfrewe, 



1371.] ROBERT STEWART, LORD AND EARL OF MENTEITH. 251 

nostram pleuariam potestatem curias nomine nostra de tenandriis predictis 
tenendi, quum sibi placuerit, et in quo loco infra dominium nostrum predic- 
tum, excessus puniendi, homines infra dictas terras manentes quociens opus 
fuerit ad libertates nostras replegiandi, forisfacturas et escaetas, wardas cum 
maritagiis et releuia cum contigerint, nomine nostro recognoscendi, terras 
assedandi, firmas et ann[u]os redditus leuandi, et pro eisdern ad libitum suum 
disponendi, ac omnia alia et singula faciendi que ad officium veri balliui de 
iure vel consuetudine pertinere dinoscuntur : Eatum et gratum habentes et 
habituros pro nobis et heredibus nostris imperpetuum quicquid predictus 
Alanus et heredes sui in dicto officio nomine nostri et heredum nostrorum 
duxerit vel duxerint faciendum, ac si mandatum exigat speciale. In cuius 
rei testimonium, sigilluni nostrum, vna cum sigillo dilecti primogeniti nostri 
et heredis predicti, presenti scripto fecimus apponi, apud villain de Perth, 
sextodecimo die mensis Octobris, anno Domini millesimo tricentesimo sexa- 
gesimo nono ; hiis testibus, Eoberto Senescalli, domino de Menteth, filio nostro 
karissimo, dominis Johanne Senescalli fratre nostro, Johanne de Danyel- 
stoun, Johanne de Lindesay de Cragy, Johanne de Lyl et Adam de Foulertoun, 
militibus, Johanne Walas de Eicartoun, Johanne de Maxwel, Eoberto de 
Howstoun, et multis aliis. 

34. Indenture between Sir Eobert Stewart, Earl of Menteith, and 
Isabella Countess of Fife. — 30th March 1371. 

Hec indentura testatur quod apud Perth, penultimo die mensis Marcii anno 
Domini millesinio ccc mo septuagesimo prirno, ita conuentum est et concordatum 
inter nobilem virum, dominum Eobertum Senescalli comitem de Meneteth, 
ex parte vna, et nobilem dominam, dominam Isabellam eomitissam de Pyff, 
ex parte altera ; videlicet, quod idem dominus comes, quern dicta domina 



252 MENTEITH CHARTERS. [1371. 

comitissa suum verum et legitimum heredem apparentem recoguoscit, tam per 
talliacionem factam per bone memorie dominum Duncanum comitem de Eyff, 
patrem dicte domine comitisse, domino quondam Alano comiti de Meneteth, 
auo domine Margarete, sponse dicti domini Eoberti nunc comitis eiusdem, 
quani per talliacionem per ipsam dominam Isabellam comitissam de Fyff et 
quondam Walterum Senescalli, fratrem dicti domini Eoberti comitis de 
Meneteth, maritum suum, factam comiti supradicto, totam suam diligenciam 
et omnes vires suas fideliter apponet ad recuperandum eidem comitisse 
comitatnm de Fyff, quern ipsa vi et metu ducta alias resignauit : Et tam in 
hoc quani in omnibus aliis que ipsam dominam comitissam concernunt, idem 
comes ipsam iuuabit et fortificabit, et se eidem tanquam matri sue amicabilem 
et tenerum exhibebit : Ac dicto comitatu recuperate et possessione dicti 
comitatus eidem comitisse adepta, statim ipsa dictum comitatum resignabit 
in manu domini regis, ad infeodandum ipsum dominum comitem de eodem ; 
qui statum et saysinam feodi dicti comitatus incontinenti recipiet, ducatumque 
et dominium hominum dicti comitatus habebit, vardas, releuia, maritagia, 
escaetas, et singula alia que ad comitem de Fyff pertinere debentur, percipiet, 
cum contingent : Curie vero dicti comitatus per senescallum tenebuntur, 
quarum exitus contingentes de hominibus inhabitantibus terras de quibus 
ipsa comitissa firmas recipiet, hec habebit ; idem vero comes de omnibus aliis 
tenentibus et forinsecis recipiet et habebit : Et sciendum est quod dicta 
domina comitissa liberum tenementum terrarum dicti comitatus existencium 
extra terciam partem dominam Mariam comitissam de Fyff, matrem dicte 
domine Isabelle contingentem, libere habebit, pro toto tempore vite sue, in 
assedacione et firmarum leuacione, cum aueragiis et cariagiis et ceteris 
minutis seruiciis debitis et consuetis ; sic quod dicta domina comitissa et 
predicta mater sua omnes illas terras habeant, quas die sue resignacionis in 
earum possessionibus habuerunt et in suis rentalibus nominatas ; saluis dicte 



1371.] AGREEMENT WITH ISABELLA COUNTESS OF FIFE. 253 

matri sue illis terris que post resignacionem suam predictam sibi fuerunt in 
terciam legitime assignate : Et si contingat dictum dominum comitem 
aliquas terras alienatas ante resignacionem per dictam dominam comitissam 
vi et metu factam, ut predicitur, infra dictum comitatum vel extra aliqualiter 
recuperare, omnes illas terras idem dominus comes penitus habebit, de 
quibus dicta domina comitissa liberum tenementum non babebit, nee firmas 
percipiet aliquas de eisdem, nee dicte matri sue tercia net inde : Et dicta 
domina Maria comitissa mortua, idem conies totam terciam partem dicti 
comitatus babebit, de qua dicta domina Isabella comitissa liberum tenemen- 
tum non babebit, nee se de eadem aliqualiter intromittet : Concordatum est 
eciam quod dictus dominus comes turrim de Falcland, cum foresta eiusdem, 
infra suam custodiam babebit, et constabularius ibidem per ipsum ordinabitur 
et remouebitur, ut ei placeat ; infra quam turrim dicta domina comitissa 
moram trahet, cum voluerit ; que si et quando de dicto constabulario con- 
questa fuerit, per ipsum dominum comitem, vel ipso cum premunitus fuerit 
accedere non valente, per dominum Alexandrum de Lindesay, cognicio fiet, 
et idem constabularius, si deliquerit, vel remouebitur, vel alias punietur, 
prout delicti qualitas postulabit : Preterea, tota villa de Falcland iuxta turrim 
predictam eidem domino comiti assedabitur, pro tanta firma pro quanta 
assedatur die confectionis presentis indenture, sic quod cum ibidem aduenerit, 
hospicium pro se et eqiiis suis ibidem babeat, et aliis terris non noceat ipsius 
domine comitisse : Et ad hec omnia bine inde fideliter obseruanda vtraque 
pars se per suum iuramentum corporaliter prestitum firmiter obligauit : In 
quorum omnium testimonium partibus huius indenture hinc inde remanenti- 
bus sigilla predicti domini comitis et predicte domine comitisse altrinsecus 
apponuntur, vna cum signo et subscriptione notarii hie subscripti : Acta [et] 
data, loco, die et anno supradictis ; hiis testibus, cum publico notario, videlicet, 
probis viris, dominis Hugone de Eglintoun, Roberto Senescalli, vicecomite 



254 



MENTEITH CHARTERS. 



[1371. 



de Perth, militibus ; domino Stephano archidiacono ecclesie Brechinensis, 
Mauricio de Dromrnunde, Thoma Sibald, testibus ad premissa vocatis. 



TRANSLATION. 

35. Indentuee between Sib Eobeet Stewaet, Eael of Menteith, and 
Isabella Countess of Fife. — 30th March 1371. 

This indenture bears witness that, at Perth, on the penult day of the month 
of March in the year of our Lord one thousand three hundred and seventy- 
one, it was accorded and agreed between a noble man, Sir Robert Stewart, 
Earl of Menteith, on the one part, and a noble dame, Dame Isabella, Countess 
of Fife, on the other part, as follows : namely, that the said Sir Earl, whom 
the said Dame Countess recognises as her true and lawful heir-apparent, as 
well by the entail made by Sir Duncan, Earl of Fife, of good memory, father 
of the said Dame Countess, in favour of the late Sir Alan, Earl of Menteith, 
grandfather of Dame Margaret, spouse of the said Sir Robert, now Earl of the 
same, as by the entail made by the said Dame Isabella, Countess of Fife, and 
the late Walter Stewart, brother of the said Sir Robert, Earl of Menteith, her 
husband, in favour of the above-said Earl, shall faithfully apply all his 
diligence and all his influence for recovering to the said Countess the 
Earldom of Fife, which she, induced by force and fear, formerly resigned : 
And in this, as in all other matters that concern the said Dame Countess, 
the said Earl shall assist and support her, and show himself loving and 
gentle to her as if she were his mother : And upon the said earldom being 
recovered, and possession of the said earldom obtained by the said Countess, 
she shall immediately resign the said earldom into the hands of our lord the 
king for infefting the said Sir Earl therein; who shall forthwith receive 
state and sasine of the fee of the said earldom, and shall have the leadership 



1371.] THE EARL OF MENTEITH TO BE ALSO EARL OF FIFE. 255 

and lordship of the men of the said earldom ; and shall uplift, when they 
occur, the wards, reliefs, marriages, escheats, and all others which ought to 
belong to the Earl of Fife : But the courts of the said earldom shall be held 
by the steward; and the said Countess shall have the issues arising from 
the inhabitants of the lands of which she shall receive the maills : But the 
said Earl shall receive and have them from all other tenants and strangers : 
And be it known that the said Dame Countess shall freely have, during her 
whole lifetime, the frank-tenement of the lands of the said earldom not 
included in the third part belonging to Dame Mary, Countess of Fife, mother 
of the said Dame Isabella, in tack and uplifting of the fermes, with arriages 
and carriages and other minor services used and wont ; so that the said Dame 
Countess and her foresaid mother shall have all those lands which they had 
in their possession, and specified in their rentals, on the day of her resigna- 
tion ; reserving to her said mother those lands which were lawfully assigned 
to her in terce, after her foresaid resignation : And if it happen that the said 
Sir Earl in any way recover any lands alienated before the resignation made 
by the said Dame Countess through force and fear as aforesaid, within or 
without the said earldom, the said Sir Earl shall wholly possess all those 
lands, and the said Dame Countess shall not have the frank-tenement thereof 
nor receive any fermes of the same, nor shall terce accrue therefrom to her 
said mother : And on the death of the said Dame Mary, Countess, the said 
Earl shall possess the whole third part of the said earldom ; and the said 
Dame Isabella, Countess, shall not have the frank- tenement thereof, nor in 
any way intromit with the same : It is also agreed that the said Sir Earl 
shall have in his keeping the tower of Falkland, with the forest thereof ; and 
the constable there shall be appointed and removed by him at his pleasure ; 
and within that tower the said Dame Countess shall stay when she shall 
wish to do so : And if at any time she shall have made a complaint respect- 



256 



ME NT E IT H CHARTERS. 



[1371. 



ing the said constable, an inquiry shall be made by the said Sir Earl, or (if 
he shall be unable to come when warned) by Sir Alexander of Lindsay ; and 
the said constable, if he be in fault, shall either be removed or otherwise 
punished, as the nature of the offence shall require : Moreover, the whole 
town of Falkland near the tower foresaid, shall be set in tack to the said Sir 
Earl for as much maill as it is set for on the day of the making of the present 
indenture ; so that when he shall come there, he may have lodging for himself 
and his horses there, and not injure the other lands of the said Dame 
Countess. And for all these conditions being faithfully observed on both 
sides, both parties have strictly bound themselves by their oath personally 
given. In witness of all which, the seals of the foresaid Sir Earl and of the 
foresaid Dame Countess are appended interchangeably to the copies of this 
indenture remaining with both parties, together with the sign and subscrip- 
tion of the notary here subscribed. Done and given, place, day, and year 
above mentioned, in presence of these witnesses, along with the notary 
public, namely, honourable men, Sir Hugh of Eglintoun, Sir Eobert Stewart, 
sheriff of Perth, knights, Sir Stephen, archdeacon of the church of Brechin, 
Maurice of Drummond, aud Thomas Sibald, witnesses called to the premises. 



36. Obligation by Sir Patrick or Graham, son of Sir David Graham of 
Dundaff, to support a Chaplain for the Church of Dumbarton. — 10th 
February 1372. 1 

Omnibus ad quorum noticiam presentes litere peruenerint, Patricius de Graym, 
films et heres domini Dauid de Graym, militis, domini de Doundaff, salutem 
in Domino sempiternam : Nouerit vniuersitas vestra me teneri et per presentes 
firmiter obligari ad inueniendum et sustentandum vnum capellanum suffi- 
cientem, cum omnibus necessariis ornamentis ad eum spectantibus, diuina in 
1 Original Charter in Dumbarton Charter-chest. 



1372.] SIR PATRICK OF GRAHAM OF DUNDAFF. 257 



ecclesia parochiali de Donbrethan, apud altare sancte cruris, pro anirna 
Ysabelle Flemyng quondam domine de Dalnottyr, et animabus parentum 
suorum, ac ipsius prolis, necnon et omnium fidelium defunctorum perpetuo 
celebraturum ; propter quod onus subeundum predicta Ysabella milii dedit et 
concessit hereditarie terras infrascriptas, videlicet, terram de Kyllemonethdam 
et Kyllerman, Ysabelle Flemyng adiacentes, in comitatu de Leuenax, quas 
ex donacione et concessione hereditarie predicte Ysabelle Flemyng liabui et 
possedi, prout habeo et possideo pro dicto onere, ut premittitur, subeundo : Et 
si contingat, quod absit, me vel heredes meos aut assignatos seu successores 
quoscunque predictum capellanum non inuenire modo et forma quibus ut 
supra, obligo me, heredes meos et successores aut assignatos quoscunque, in 
viginti libris sterlingorum, nomine pene, fabrice maioris ecclesie Glasguensis 
et luminari magni altaris eiusdern ecclesie per equales portiones soluendis et 
diuideudis, quociens tociens me vel heredes meos aut assignatos siue succes- 
sores quoscunque de facto in dicto pacto siue conuencione contigerit deficere, 
principaU conuencione siue pacto nihilominus in suo robore permanente, nisi 
predicte terre per communem guerram fuerint destructe ; qua cessante, dictus 
dominus Patricius non soluet dicto capellano nisi quantum de dictis terris 
receperit, quousque dicta terra sit sufficiens in redditibus ad inueniendum 
vnum capellanum sufhcientem : Obligo me, heredes meos et successores quos- 
cunque, in omnibus et per omnia, ad inueniendum et sustentandum capellanum 
predictum, prout in hac litera s\iperius continetur ; subiciens me, heredes 
meos et successores, quantum ad premissa inuiolabiliter de cetero obseruanda, 
jurisdictioni et cohercioni domini episcopi Glasguensis qui pro tempore fuerit, 
vel ipsius officiali, aut, sede vacante vel episcopo in remotis agente, decanis 
capituli predicte ecclesie Glasguensis. In cuius rei testimonium parti huius- 
modi conuencionis penes dictam Ysabellam Flemyng remanenti sigillum pre- 
dicti domini Patricii, vna cum sigillo officialitatis curie Glasguensis, in robor 

2 K 



25S MENTEITII CHARTERS. [1372. 



et testimonium omnium premissorum, presentibus sunt appensa ; parti vero 
penes predictum dominuni Patricium de Graym remanenti sigillum predicte 
Ysabelle Flemyng, vnacum sigillo officialitatis curie Glasguensis, in robor et 
testimonium omnium premissorum, presentibus sunt appensa. Datum apud 
Glasguam, decimo die mensis Februarii, anno Domini millesimo cec mo septua- 
gesimo secundo. 

37. Indenture between Kobert Stewart, Earl of Fife and Menteith, and 
Margaret his Wife, and Sir Bertold de Loen and Philippa Moubray 
his Wife, as to the marriage of David de Loen and Janet Stewart. — 
20th July 1372. 1 

Hec Indentura testatur quod apud Edenburgh, vicesimo die mensis Julii, 
anno Domini millesimo tricentesimo septuagesimo secundo, inter nobilem 
dominum et potentem dominum Eobertum Senescalli, comitem de Fife et 
de Menteth, nobilem dominam, dominam Margaretam sponsam suam, ex parte 
vna, et nobilem virum dominum Bertoldum de Loen, militem, dominum 
Barnebugall, dominam Philippam de Movbray sponsam suam, ex parte altera, 
super maritagio contrahendo inter Dauid, filium et heredem dictorum Bertoldi 
et Philippe, ac Jonetam Senescalli, filiam dicti dommi Eoberti Senescalli, 
comitis de Fife et de Menteth, et domine Margarete sponse sue, in forma que 
sequitur extitit concordatum : Videlicet, quod dictus Dauid ipsam Jonetam per 
Dei graciam ducet in vxorem, et dicti Bertoldus et Philippa, tarn diu ■vixerint, 
ministrabunt et facient ministrari dictis Dauid et Jonete de omnibus neces- 
sariis ita quod honeste sustententur : Et si forte dicti Dauid et Joneta 
coniunctim matrimonio legitime, post decessum dictorum Bertoldi et Philippe, 
superstites extiterint, dicti Dauid et Joneta eorumque alter diucius viuens, 
et heredes inter ipsos legitime procreandi, tota et integra hereditate dictos 

1 Original in H. M. General Register House, Edinburgh. 



1.372.] LADY JANET STEWART, DAUGHTER OF THE EARL. 239 



Bertoldum et Philippam sponsam suam racione dicte sponse contingente 
hereditarie congaudebunt ; ita semper quod ipsis Dauid et Joneta ac suis 
heredibus predietis forte deficientibus, tota ipsa bereditas ad ipsius Philippe 
heredes legitimos plene et integre reuertatur : Preterea si contingat quod, 
matrimonio inter ipsos Dauid et Jonetam in facie ecclesie complete, viuen- 
tibus ipsis Bertoldo et Philippa, dictus Dauid diem clauserit extremum, 
assignabuntur, et statim mortuo dicto Dauid, fient dicte Jonete quadraginta 
librate sterlingorum terre cum pertinenciis, infra baroniam de Barnebugall, ad 
sustentacionem ipsius Jonete pro toto tempore vite sue : Insuper quod si 
Bertoldus, Pbilippa et Dauid diem clauserint extremum, et dicta Joneta com- 
pleto matrimonio ut prefertur superuixerit, ipsa Joneta post mortem ipsorum 
totam hereditatem ipsos Bertoldum et Philippam contingentem pro toto 
tempore vite sue possidebit, et ipsa Joneta defuncta, statim dicta bereditas 
totalis ad heredes dicte Philippe reuertetur. Item concordatum extitit inter 
predictos dominum Eobertum Senescalli, comitem de Fife et de Menteth, 
et Bertoldum, quod dictus dominus Bobertus comes cum totis suis consilio 
et auxilio iuuabit ipsum Bertoldum, et laborabit ad faciendum eundem 
Bertoldum recuperare omnes terras hereditarias, quas ipse Bertoldus, racione 
sue sponse predicte, iure hereditario infra regnum Scocie vendicare voluerit 
vbicunque. Et ad hec omnia et singida tenenda, firmiter obseruanda, et omnia 
fideliter perimplenda, prefate partes sese obligauerunt ad inuicem bona 
fide modo quo potuerunt meliori. In quorum testimonium, parti huius 
scripti per modum indenture facti, penes prefatos Bertoldum et Philippam 
remanenti, sigilla dictorum domini Boberti Senescalli, comitis de Fife et de 
Menteth, et domine Marga,rete sponse sue, sunt appensa ; parti uero penes 
eosdem dominum Eobertum Senescalli comitem et Margaretam sponsam 
suam remanenti, sigilla predictorum domini Bertoldi et domine Philippe 
sponse sue apponuntur, loco, die et anno supradictis. 



260 MENTEITH CHARTERS. [1375. 



38. Bond of Maintenance by Robert Stewart, Earl of Fife and 

Menteith, in favour of Sir Bertold of Loen, knight. — 25th 
November 1375. 1 

Omnibus has literas visnris vel auditnris, Eobertus Senescalli comes de 
Fyfe et de Meneteth, salutem in Domino : Nouerit vniuersitas vestra quod 
fideliter promittimus et bona fide obligamus nos, cum toto nostro consilio 
et auxilio, ad adiuuandum dominum Bertoldum de Loen, militem, ad laboran- 
dum et faciendum eundem Bertoldum recuperare omnes terras hereditarias 
quas ipse Bertoldns racione domine Philippe de Movbray, sponse sue, iure 
hereditario infra regnum Scocie vendicare voluerit vbicunque ; ac eciam 
eundem Bertoldum in omnibus suis iustis possessionibus adiuuabimns et 
manutenebimns contra omnes homines, excepto domino nostro Bege, et exceptis 
dominis fratribus nostris, ac dominis Comite cle Dowglas, Jacobo filio suo, 
Archebaldo de Dowglas, militibus, et causa nostra propria. In cuius rei 
testimonium, presentibus sigillum nostrum fecimus apponi ; apud ca.strum de 
Striuelyne, vicesimo quinto die mensis Nouembris, anno Domini millesimo 
trecentesimo septuagesimo quinto. 

39. Indenture by Andrew Mercer, lord of Mekylhour, between Bobert 

Earl of Fife and Menteith and John of Logy as to the lands of Logy 
and Stragartnay. — [15th May] 1385. 2 

Tyl al that thir lettrys herys or seys, Androw Mercer, Lorde of Mekylhour, 

gretyng in God ay lestand : Tyl yhur vniuersite be wyttyn, that my redoutyt 

lorde, Syr Bobart Stewart, Eryl of Fyfe and Menteth, and Jon of Logy, squyer, 

the sune and the ayre of Syr Jon of Logy, knycht, of thair fre wyl, nane beand 

present bot we thre before nemnyt, put in myne ordenans al the debate and 

1 Original Bond in H. M. General Register 2 Original Indenture in Logiealmond Char- 

House, Edinburgh. ter-chest. 




















'tttSauyrfetyt 







efGcUC* 




1385.] ROBERT EARL OF MENTEITH AND JOHN LOGY. 261 

the questyoun - that wes betwene thaim for the landys of Logy and Stra- 
garthay ; and hwevyr that I ordaynyt and determynyt thaim to do, the for- 
sayde Syr Eobart and Jon faythfully heht, strekand thair handys in myne, 
bodely makand gude fayth that thai sulde halde sekir, ferme, and stabyl ; and 
this ilke forsayde cunand made apon this cause before wrytyn, the forsayde 
Syr Eobart and Jon reuuleyt and afermit, in the presens of myne excellent 
Prynce, Eobart thrw the grace of God Kyng of Scotland, and his eldest sune 
Jon Eryl of Carryke, Maystir Dunckane Petyte, Ersdene of Murrefe, and 
Thomas of Eate ; and in the tyme that I the forsayde Androw assentyt to 
resayue this cause before wrytyn in myne ordenans, and thairof to gyf iuge- 
ment be the recorde of my twnge, I made bodely fayth it ryhtwysly to deme ; 
and I the forsayde Androw iuge betwene the forsayde Syr Eobart and Jon, of 
thair fre assent, as is before wrytyn, I avysyt and vrnbethoht, hafand ee to 
mesur and rychtwysenes, consyderand to lete mykyl yl scath and grete sclandyr, 
yharnand thair endeful and tendyr frenschepe, forsuth determynyt thaim fully 
tyl acorde eftyr the tenur of certane endentarys and obligacions, the qwylk I 
ordaynyt thaim to sele ; and tharatowr for syndry dowtis, I ordaynyt the 
forsayde Syr Eobart frely to delyvyr and than presently vp to gyf to the 
forsayde Jon al the landys of Logy and of Stragartnay before wrytyn, and 
throw vertu of bodely fayth at the forsayde Syr Eobart and Jon wes 
oblyste lelly to fulfyl and trewly to halde my determinacyon and ordenans 
of the cause before wrytyn, the forsayde Syr Eobart forsuth, throw vertu of 
the forsayde obligacyon rycht than presently frely delyueryt and vpgefe, 
wyth staf and styk, to the forsayde Jon the landys before nemnyt ; qwheu 
that wes done, I ordaynyt the forsayde Syr Eobart to gyf his trowth to the 
forsayde Jon, and the forsayde Jon to gyf his trowth to the forsayde Syr 
Eobart, beand to thaim baith in vertu of sylk aht as is wytnest in thair 
endenturys, lelly to halde ferme and stabyd al thyng thar determynyt, 



262 



MENTEITH CHARTERS. 



[1385. 



ordaynyt and dune ; the qwhylk trowthys thai gefe bodely ilkane tyl othyr, 
aferniand as is before sayde, nathyng thair agayne sayand : And qwhen al this 
wes dune, as is before wrytyn, the forsayde Jon askyt me wes that the con- 
clucyon of myne ordenans ; to the qwhylk askyng, I, the forsayde Androw, 
forsuth answeryt that suthfastly yha : And at al this before wrytyn wes thus 
dune in dede on Mononday neste before Whyssonday, the yher of hour Lorde 
a thowsand thre hundyr fourscor and fyve, beand my ful and playne deter- 
mynacyon, and the ende of myne ordenans fullely demyt betwene the 
forsayde Syr Eobart and Jon, of the cause before sayde at thai put in myne 
ordenans, as is befor wrytyn, tyl al men I mak knawyn throw theis present 
lettrys endentyt, beand my playne and ful endyt dome, as is before wrytyn : 
the ta parte of this endentur in wytnesyng of al thyng in it contenyt 
dwelland wyth the forsayde Syr Eobart, of my delyuerans as ful endyt dome 
vndyr my sele ; the tother parte of this endenture in wytnesyng of al thyng . 
in it contenyt dwelland wyth the forsayde Jon, of my delyuerans as ful 
endyt dome vndyr my sele : And to the wytnes of the qlkylkis, al and syndry 
in thir endentyt lettrys contenyt, tyl ilk parte of the forsayde endenturis I 
hafe put my sele. 

40. Charter by Patrick of Grahame, Lord of Kincardine, to Patrice of 
Grahame, his son, of Kinpunt and Yilefisten. — [Circa 1389.] 

Omnibus banc cartam visuris uel audituris, Patricius de Grahame, dominus 
de Kyncardyn, salutem in Domino sempiternam : Nouerit vniuersitas vestra 
me, cum consensu et assensu filii mei et heredis, domini Wilelmi de Grahame, 
militis, dedisse, concessisse, et hac presenti carta mea confirmasse dilecto filio 
meo Patricio de Grahame, cum Eufemia vxore mea procreato, omnes terras 
meas de Kynpunt et Yilefiston cum pertinenciis, in Laudonia, infra vicecomi- 



J 



1389.] LANDS OF KINPUNT AND ILLIESTON. 263 



tatum de Edynburgh, in constabularia de Lynlithcu : Tenendas et habendas 
eidem Patricio de Grahame fibo meo, et heredibus masculis de corpore suo 
legitime procreandis, libere, quiete, plenarie, integre, pacifi.ee, houorifice atque 
bene, in moris, maresiis, stagnis, aquis, viis, semitis, venationibus, aucupationi- 
bus, molendinis, fabrilibus et brassinis ac eorum sequelis, curiis et earum 
escbaetis, necnon cum omnibus aliis et singulis commoditatibus, libertatibus et 
aysiamentis ac iustis pertinenciis quibuscunque ad clictas terras de Kynpunt 
et Yilefiston spectantibus, seu aliquo modo spectare valentibus in futurum, 
tarn sub terra quani supra terrain. Et si contingat ipsum Patricium sine 
herede masculo de corpore suo legitime procreando decedere, volo et concedo 
quod Eobertus films meus cum dicta Eufemia vxore mea procreatus, frater 
eiusdem Patricii, predictas terras de Kynpunt et Yilefistoun cum pertinenciis 
habeat et possideat sibi et beredibus de corpore suo masculis legitime pro- 
creandis. Et si contingat ipsum Eobertum fortuito casu sine herede masculo 
de corpore suo procreando rnori, volo et concedo quod Dauid de Grahame 
films meus, frater predictorum Patricii et Eoberti cum predicta Eufemia 
vxore mea procreatus, sibi et beredibus masculis de corpore suo legitime pro- 
creandis predictas terras de Kynpunt et Yilefistoun cum pertinentiis habeat 
et possideat hereditarie. Et si contingat, quod absit, ipsum Dauid sine herede 
masculo de corpore suo legitime procreando decedere, volo et concedo quod dicte 
terre de Kynpunt et Yilefistoun cum pertinentiis ad Alexandrum de Grahame 
filium meum et dicte Eufemie, fratremque dictorum Patricii, Eoberti et Dauid, 
et ad heredes masculos de corpore suo legitime procreandos, veniant et 
descendant : Ipso autem Alexandre et dictis beredibus suis masculis de 
corpore suo, ut prefertur, legitime procreandis deficientibus, quod absit, volo 
et concedo quod prenominate terre de Kynpunt et Yilefistoun cum pertinentiis 
ad quemcunque masculum inter me et dictam Eufemiam vxorem meant pro- 
creatum seu procreandum, videlicet, deficiendo de'viro siue herede masculo 



264 MENTEITH CHARTERS. [1389. 

procreato de corpore suo, ad alium fratrem et heredem legitime de eorpore suo 
procreandum ; illis autem, quod absit, omnibus deficientibus, ad heredes meos 
veros et legitimos quoscunque. Faciendo tamen filii mei prenominati et eorum 
heredes masculi seruicium domini nostri Eegis quantum pertinet ad predictas 
terras de Kynpunt et Yilefistoun cum pertinentiis, et reddendo annuatim michi 
et heredibus meis in capella beati Petri de Kynpunt, ad festum Sancti Petri 
quod dicitur A.d Uincula, vnum denarium argenti si petatur, nomine albe 
firme tantum, pro wardis, releuiis, maritagiis, sectis curiarum et quibuscunque 
aliis petitionibus ac oneribus et demandis que per me uel aliquem heredum 
meorum infuturum exigi uel demandari poterunt quoquo modo. Ego vero 
predictus Patricius et heredes mei predictas terras de Kynpunt et Yilefistoun 
cum pertinentiis predictis filiis meis et eorum heredibus masculis, ut predi- 
citur, pro predicta alba firina michi et heredibus meis annuatim persoluenda, 
contra omnes homines et lemmas warantizabimus, acquietabimus, et imper- 
petuum defend emus. In cuius rei testimonium sigillum meum presenti carte 
est appensum ; his testibus, reuerendis in Christo patribus, dominis Matheo 
Glasguensi et Johanne Dunkeldensi episcopis, nobili et potenti viro ac domino, 
domino Eoberto comite de Fyff et de Meneteth, egregiis viris, dominis Dauid 
de Lyndesay domino de Glenesk, Thoma de Haya domino de Erole, consta- 
bulario Scotie, Thoma de Erskyne domino eiusdem, et Malcolmo Flemyng 
domino de Cwmernauld, militibus, consanguineis nostris carissimis, ac multis 
aliis. 

41. Charter by King Eobert the Second, confirming the preceding Charter, 
No. 40.— 26th January [1389]. 

Eoberths Dei gratia Eex Scottorum, omnibus probis hominibus totius terre 
sue, clericis et laicis, salutem : Sciatis nos cartam dilecti consanguinei nostri 
Patricii de Grahame, militis, de mandate nostro visam, lectam, inspectam, et 



1389.] GRANT OF KINPUNT CONFIRMED. 265 



diligenter exarninatani, non rasarn, non abolitam, non cancellatam, nee in 
aliqua sui parte viciatam, intellexisse ad plenum, sub hac forma : 

Omnibus banc cartam visuris uel audituris Patricius de Grahame, domi- 
nus de Kyncardyne, etc. [No. 40, supra.] 

Quam quidem cartam, donacionemque et concessionem in eadem contentas, 
in omnibus punctis suis et articulis, condicionibus et modis ac circumstanciis 
suis quibuscunque, forma pariter et effectu, in omnibus etper omnia, approba- 
mus, ratificamus, et pro nobis et successoribus nostris, ut premissum est, 
imperpetuum confirmamus ; saluo seruicio nostra : In cuius rei testimonium 
presenti carte nostre confirmacionis nostrum precepimus apponi sigillum : 
Testibus, venerabilibus in Christo patribus, Waltero et Jobanne cancellario 
nostra Sanctiandree et Dunkeldensis ecclesiarum episcopis, Johanne primo- 
genito nostra de Carrie, senescallo Scocie, Roberto de Fif et de Meneteth, tilio 
nostro dilecto, Archebaldo de Douglas domino Galwydie, consanguineo nostro, 
comitibus, Jacobo de Douglas domino de Dalketh, fratre nostro dilecto, et 
Thoma de Erskyne consanguineo nostro, militibus. Apud Monros, vicesimo 
sexto die Januarii, anno regni nostri octodecimo. 



42. Letter by Bobert Earl of Fife and Menteith to the indwellers of 
Stragartnay, to obey John of Logy as their lawful Lord. — 22d March 
1390. 

Robertus comes de Fyf et de Menetetht, omnibus terras de Stragartnay 
inhabitantibus ac omnibus quorum interest, salutem : Licet alias vobis 
dedimus in mandatis, ad non obediendum dilecto consanguineo nostro 
Johanni de Logy, domino vestro, tamen consideratis ad plenum clarneo et 
iure dicti Johannis, et pro se determinatis de eisdem terris de Stragartnay, 
cum pertinenciis, vobis precipimus et mandamus quatenus de presenti dicto 

2 L 



266 MENTEITH CHARTERS. [1392. 

Johanni, et de cetero, tanquam vero domino et legitimo dictarum terrarum 
de Strogartnay respondeatis, pareatis et intendatis : Et hoc sub pena que 
competit non omittatis : In cuius rei testimonium presentibus sigillum 
nostrum precepimus apponi, apud Perth, vicesimo secundo die mensis Marcii, 
anno Domini millesimo trecentesimo nonagesinio. 



43. Certification by Murdach Stewart, Justiciar north of the Forth, that 
two men from Logy had been transferred to the jurisdiction of the 
Court of the regality of Logy— 20th May 1392. 

Omnibus has litteras visuris vel audituris, Murdacus Senescalli, dominus de 
Apthane, justiciariusex parte boreali aque de Forth, salutem : Sciatis quod 
in pleno itinere iusticiarie per nos tento vicesimo die mensis Maii anno 
Domini millesimo trecentesimo nonogesimo secundo, apud Perth in pretorio 
eiusdem burgi, duo homines indictati et arestati per coronatorem erant 
intrati sic nominati, videlicet, Donaldus Schethsoun et Neuen Donaldsoun, 
quosquidem homines Johannes de Logy dominus eiusdem clamabat esse suos 
et habitantes in terris suis de Logy predictis ; et tunc personaliter monstrans 
vnam cartam bone memorie Dauid quondam regis Scotorum illustris sub suo 
magno sigillo, et super eandem cartam vnam confirmacionem recolende 
memorie quondam Eoberti regis Scotorum illustris sigillo ipsius magno 
sigillatam, quamquidem cartam et confirmacionem veraciter per Willelmum 
de Camera, clericum nostrum dicti itineris justiciarie de verbo in verbum 
perlecte fuerant, sic incipientes in modis et formis que secuuntur : — Kobertus 
Dei gracia Eex Scottorum, omnibus probis hominibus tocius terre sue, clericis 
et laicis, salutem : Sciatis nos cartam recolende memorie quondam domini 
Dauid Eegis Scottorum, auunculi et predecessoris nostri, de mandato nostro 
visam, inspectam, lectam et diligenter examinatam, non rasam, non abolitam, 



1392.] REGALITY OF LOGY. 267 

non cancellatam nee in aliqua sui parte viciatam, intellexisse ad plenum sub 
hac forma : — Dauid, Dei gracia Eex Scottorum, omnibus probis hominibus 
tocius terre sue, clericis et laicis, salutem : Sciatis nos dedisse, concessisse et 
hac presenti carta nostra confirmasse dilecto et fldeli nostro Johanni de Logy, 
tilio et beredi quondam Jobannis de Logy, militis, pro suo fideli seruicio 
nobis impenso, totas et integras terras nostras de Logy cum pertinenciis infra 
vicecomitatum de Perth ; quasquidem terras cum pertinenciis, nepos noster 
carissimus Eobertus Senescallus Scocie, comes de Stratherne, nobis per 
fustum et bacuhun coram pluribus fidedignis, in castro de Edynburgh, vice- 
sinio die mensis Julii, anno Domini millesimo trecentesimo sexagesimo 
septimo, sursum. reddidit, pureque, sponte et simpliciter resignauit, ac omne 
ius et clameum que habet vel habuit vel habere potuit in dictis terris cum 
pertinenciis, pro se et heredibus suis vel assignatis, omnino quiete clamauit 
in perpetuum : Tenendas et habendas predictas terras cum pertinenciis 
predicto Johanni, heredibus suis et assignatis, de nobis et heredibus nostris, 
in feodo et hereditate, in libera baronia pro perpetuo, sine aliquo retinemento, 
libere, quiete, plenarie, integre, honorifice, bene et in pace, per omnes rectas 
metas et diuisas suas, in longitudinem et latitudinem, cum homagiis et 
seruiciis libere tenentium, cum bondis et bondagiis, natiuis et eorum sequelis, 
cum omnibus aliis libertatibus, commoditatibus et aysiamentis et omnibus 
pertinenciis suis, tarn non nominatis quam nominatis, tarn sub terra quam 
supra terram, ad dictas terras de Logy pertinentibus, vel aliquo modo iure 
aut titulo pertinere valentibus, in pratis, pascuis et pasturis, in moris, 
marresiis, viis, semitis, aquis, stagnis, molendinis, multuris, bracinis, fabrinis 
et eorum sequelis, aucupacionibus, venacionibus, piscariis, siluis et siluariis, 
cum curiis et eschaetis, cum tholl et theame, sok et sak, pitt, galovs, et infan- 
gantheff, et cum omnibus aliis libertatibus, commoditatibus et aysiamentis, 
ac iustis pertinenciis quibuscunque, ad dictas terras cum pertinenciis spectam- 



268 



MENTEITH CHARTERS. 



[1392. 



tibus seu spectare valentibus quomodolibet in futurum : concessimus eciam 
eidem Johanni, heredibus suis et assignatis, vt habeant et possideant totas 
predictas terras de Logy cum pertinenciis, vt prescriptum est, in liberam 
regalitatem : Reddendo inde annuatim nobis et heredibus nostris dictus 
Johannes, heredes sui et assignati, apud manerium suum de Logy vnum 
denarium argenti ad festum Sancti Johannis Baptiste, nomine albe firme, si 
petatur tantum, pro wardis, releuiis, maritagiis, sectis curiarum, consuetudi- 
nibus, exaccionibus et demandis, ac omnibus aliis seruiciis secularibus 
quibuscunque, que de dictis terris cum pertinenciis aliquo modo in futurum 
exigi poterunt seu requiri : In cuius rei testimonium presenti carte nostre 
sigillum nostrum fecimus apponi : Testibus, venerabilibus in Christo patribus 
Willelmo episcopo Sancti Andree, Alexandre episcopo Aberdonensi, et 
Patricio episcopo Brechinensi, cancellario nostra, Boberto Senescallo Scocie, 
comite de Stratherne, nepote nostra, Patricio comite de Marchia et Morauia, 
Willelmo comite de Douglas, Boberto de Erskyne, Waltero de Halyburtoun 
et Willelmo de Dysschyngtoun, militibus, apud Edynburgh, vicesimo sexto 
die mensis Julii anno regni nostri tricesimo nono : Quamquidem cartam, 
donacionemque et concessionem in eadem contentas, in omnibus punctis suis 
et articulis, condicionibus et modis ac circumstanciis suis quibuscunque, 
forma pariter et effectu, in omnibus et per omnia, approbamus, ratificamus 
et pro nobis et heredibus nostris, vt premissum est, imperpetuum confir- 
mamus, saluo seruicio nostra : In cuius rei testimonium presenti carte nostre 
confirmacionis nostrum precepimus apponi sigillum : Testibus, venerabilibus 
in Christo patribus, Valtero et Johanne, cancellario nostra, Sanctiandree et 
Dunkeldensis ecclesiarum episcopis, Johanne primogenito nostra de Carryk, 
senescallo Scocie, Boberto de Pif et de Montetht, Jacobo de Douglas, filiis 
nostris dilectis, comitibus, Archebaldo de Douglas et Thoma de Erskyne, 
consanguineis nostris, militibus ; apud Kylwynin, sexto die Octobris, anno 



1392.] 



REGALITY OF LOGY. 



269 



regni nostri decimo septimo. Quibus vero in prefato itinere ad auditum 
nostri et tocius curie perlectis, dictus Johannes plegium quendani extendebat, 
quod virtute dicte carte debuit prefatos homines suos habere ad plegium ad 
curiam suam regalitatis de Logy ; quoquidem plegio per nos recepto, et ipso 
extra curiam remoto, diligenter consiliata et curia auisata plene declarauerunt 
in nostri presencia, ut predicitur, vt dictus Johannes prefatos suos homines 
extra prefatam curiam itineris justiciarie ad curiam suam regalitatis de Logy 
habere debuit, et tunc eosdem extra curiam justiciarie ad libertatem et 
regalitatem predicti Johannis virtute carte sue predicte deliberare fecimus 
in instanti : Et quod acta et facta sic fuerant, sigillo nostra officii nostri 
justiciarie supradicti testificamus, anno, mense et loco supradictis. 




270 MENTEITII CHARTERS. [1399. 

44. Charter by Eobert Duke op Albany, Earl of Fife and Menteith, to 
William Olifaunte, of the lands of Treyeneterrafe of Kippen, in the 
Earldom of Menteith. — [Circa 1399.] 

Omnibus hanc cartam visuris vel audituris, Bobertus dux Albanie, comes de 
Fyfe and de Menteth, salutem in Domino sempiternam : Noueritis nos dedisse, 
concessisse, et hac presenti carta nostra confirmasse dilecto nostro Willelmo 
Olifaunte, filio Walteri Olifaunte de Kelly, militis, pro suo fideli seruicio nobis 
impenso et imposterum impendendo, omnes terras nostras de Treyeneterrafe 
de Kyppen, in comitatu nostro de Menteth infra vicecomitatum de Perth ; 
que fuerunt dicti Walteri, et quas ipse, non vi aut metu ductus, nee errore 
lapsus, sed sua mera et spontanea voluntate, in presentia diuersorum apud 
Falklande, per fustem et baculum nobis sursum reddidit, ac totum ius et 
clameum que in dictis terris cum pertinenciis habuit vel habere potuit, pro se 
et hereclibus suis, pure et simpliciter resignauit : Tenendas et habendas omnes 
terras predictas cum omnibus suis pertinenciis predicto Willelmo et heredibus 
suis, de nobis et hereclibus nostris, in feodo et hereditate imperpetuum, per 
omnes rectas metas suas et diuisas, in boscis et planis, pratis, pascuis et pas- 
turis, in moris, marresiis, viis et aquis et stangnis, venacionibus, aucupacioni- 
bus, et piscationibus, molendinis, multuris et eorum sequelis, cum curiis, 
eschaetis et curiarum exitibus, ac cum omnibus aliis libertatibus, commodi- 
tatibus, aysiamentis ac iustis pertinenciis suis quibuscunque, tam non nomi- 
natis quam nominatis, tam prope quam procul, tam sub terra quam supra 
terram, in omnibus et per omnia, adeo libere et quiete, plenarie, integre et 
honorifice, bene et in pace, si cut dictus Walterus prefatas terras cum perti- 
nenciis, ante resignacionem suam predictam nobis inde factam, liberius, plenius 
et honorificencius tenuit sen possedit quoquo modo : Eaciendo inde annuatim 
nobis et heredibus nostris predictus Willehnus et heredes sui tale seruicium 



1400.] EUPHEMIA COUNTESS OF STRATHERN. ill 



sicut dictus Walterus pater eius vel sui predecessores nobis et predecessoribus 
nostris ante resignationem predictam facere sunt consneti, pro omni alio 
seruicio seculari, exaccione seu demanda, que de dictis terris cum pertinenciis 
per nos vel heredes nostros aliqualiter exigi poterunt vel requiri : In cuius rei 
testimonium present! carte nostre sigillum nostrivm fecimus apponi, apud 
Falklande ; hiis testibus, Georgeo de Lesley consanguineo nostro, et Eicardo 
Curnyne, militibus, Dauid de Lunmiisden, Michaele de Name, et Ay Jolmesoun, 
scutiferis, cum multis ahis. 

45. Charter by Eufamia Countess Palatine of Strathern, confirming a 
Cbarter by her father, David Earl Palatine of Strathern and Earl of 
Caithness, to Sir Eobert Stewart, knight, of Buchanedy, Ladegrene, 
and Corp, in the earldom of Strathern. — 2d March 1400. 

Eufamia Senescalb, comitissa palatina de Stratheryn, vniuersis ad quos pre- 
sentes littere peruenerint, salutem in Domino sempiternam : Sciatis nos 
inspexisse et veraciter intellexisse cartam recolende memorie domini Dauid 
comitis palatini de Stratheryn et comitis Cathanie, genitoris et predecessoris 
nostri, factam dilecto et fideli nostro consanguineo domino Eoberto Senescalli, 
militi, non abolitam, non rasam, non cancellatam, nee in aliqua sui parte viti- 
atam, in hec uerba : — Omnibus hanc cartam visuris uel audituris, Dauid 
comes palatinus de Stratheryn et comes Cathanie, salutem in Domino sempi- 
ternam : Sciatis nos dedisse, concessisse et hac presenti carta nostra imper- 
petuum confirmasse dilecto et fideb consanguineo nostro domino Eoberto 
Senescalli, mibti, pro homagio et seruicio suo nobis impenso et impendendo, 
omnes et singulas terras nostras de Buchanedy, Ladegrene et Corp cum 
pertinentiis, jacentes in dicto comitatu nostro de Stratheryn infra vicecomi- 
tatum de Perth : Tenendas et habendas eidem domino Eoberto et heredibus 
suis de nobis et heredibus nostris in feodo et hereditate imperpetuum, bbere. 



272 MENTEITH CHARTERS. [1400. 

quiete, bene, pacifice et honorifice, per omnes et singulas rectas rnetas et 
diuisas suas, vna cum omnibus et singulis libertatibus, commoditatibus et 
aysiamentis ac iustis pertinentiis quibuscunqiie ad easdem terras spectantibus 
aut de iure et consuetudine spectare ualentibus quomodolibet in futurum : 
Faciendo inde domino Dostro Eegi ac nobis et heredibus nostris dictus 
dominus Eobertus et heredes sui seruicia de ipsis terris debita et consueta 
tantum, pro omnibus et singulis seruiciis secularibus, exactionibus et demandis, 
que de dictis terris cum pertinentiis per quemcunque exigi poterunt aut 
requiri. Nos vero Dauid comes palatinus prescriptus et heredes nostri omnes 
et singulas terras predictas cum suis pertinentiis dicto domino Eoberto et 
heredibus suis contra omnes homines et feminas warantisabimus, acquieta- 
bimus et imperpetuum defendemus. In cuius rei testimonium sigillum 
nostrum presenti carte nostre iussimus apponendum ; his testibus, dilectis 
consanguineis nostris magistro Thoma Mercer, archidiacono Glasguensi, necnon 
domino Andrea Mercer, milite, et Eoberto Barbar armigero ac aliis. Quam 
quidem cartarn, donacionemque et concessionem in ea contentas, in omnibus 
suis punctis et articulis modis et condicionibus ac circumstantiis quibus- 
cunque, forma pariter et effectu, in omnibus et per omnia, nos pro nobis et 
heredibus nostris approbamus, ratificamus et presenti carta nostra imper- 
petuum confirmamus : In cuius rei testimonium sigillum nostrum presenti 
carte nostre est appensum. Apud Perth, secundo die Marcii, anno Domini 
millesimo quadringentesimo. 

46. Charter by Bobert of Menteith of Eusky to Margaret, daughter of 
Duncan Earl of Lennox, of the liferent of Ardewnane, etc. — 29th March 1403. 

Omnibus hanc cartam visuris vel audituris, Eobertus de Mentethe, dominus 
de Eusky, eternam in Domino salutem : Nouerit vniversitas vestra me dedisse. 



1403.] ROBERT OF MENT FAT H OF RUSKY. 273 



concessisse, et hac presenti carta mea confirmasse earissime et dilectissime mee, 
Margarete filie reuerendi domini, domini Duncani comitis de Leuenax, nomine 
dotis, pro toto tempore vite sue, totas terras rneas de Ardewnane, de Strath- 
achi et de Ardmemak, cum omnibus libertatibus, comoditatibus, aysiamentis, 
et emolumentis quibuscunque, prout in indenturis meis inde dicte Margarete 
confectis plene proportatur : Tenendas et habendas totas dictas terras meas cum 
pertinenciis dicte Margarete, pro toto tempore vite sue, dotis nomine, ut pre- 
scriptum est, adeo libere et quiete, in omnibus et per omnia, sicut ego dictus 
Kobertus dictas terras habeo vel possideo, et sicut alique terre alicui mulieri 
dotis nomine infra regnum Scocie liberius et quiecius dari possunt vel con- 
cedi. In cuius rei testimonium sigillum meum presenti carte mee est appen- 
sum, apud Inchemoryne, vicesiino nono die mensis Marcii, anno gracie 
millesimo quadringentesimo tercio ; hiis testibus, Dugallo Ochonnyng, Waltero 
de Meneteth, dominis Eoberto Lang, Johanne de Bosnethe, et Andrea de 
Bosnethe, capellanis, cum multis aliis. 

Seal appended — A bend cheque between six cross-crosslets fitche. Legend — 
" S. Koberti de Menteth." 



47. Charter by Eobert Duke of Albany, Earl of Fife and Menteith, 
Governor of Scotland, dated 15th December 1412, confirming Charter by 
Patrick Earl of Strathern to Euphemia of Lindsay. — 6th December 
1406. 

Eobertus dux Albanie, comes de Fife et de Menteth ac regni Scotiaa guber- 
nator, omnibus probis hominibus totius regni predicti, clericis et laicis, salutem : 
Sciatis nos quandam cartam dilecti consanguinei nostri Patricii de Grahame 
comitis de Stratherne factam et concessam, cum consensu et assensu Eufamise 

2 M 



274 MEKTEITH CHARTERS. [1406. 

sponste sua?, dilecta? consanguinea? nostra? Eufamia? de Lindesay, filia? quon- 
dam Alexandri de Lindesay de Glenesk militis, de vno annuo redditu quinque 
librarum vsualis monetae leuandarum annuatini et percipiendarum ad duos 
anui terminos Pentecostes et Sancti Martini in hyeme per equales portiones 
de duabus villis suis de Kinkell, jacentibus infra vicecomitatum de Perth, de 
mandato nostro visam, lectam, inspectam et diligenter examinataru, non rasam, 
non abolitam, non cancellatara, nee in aliqua sui parte vitiatam, intellexisse ad 
plenum in bee verba:— Omnibus banc cartam visuris vel audituris, Patricius 
de Grahame comes de Stratherne, salutem in Domino sempiternam : Nouerit 
vniversitas vestra nos non vi ductos, nee errore lapsos, sed mera et spontanea 
voluntate nostra ad bee vndeque pensata, cum consensu et assensu Eufaniiae 
vxoris nostra?, dedisse, concessisse et hac presenti carta nostra confirmasse 
carissirna? consanguinea? nostra? Ewfarnia? de Lindesay, filia? nobilis viri 
domini Alexandri de Lindesay militis, quondam domini de Glenesk, quendam 
aunuum redditum quinque librarum vsualis monetae Scotia? de villis nostris 
duabus de Kinkell, jacentibus infra vicecomitatum de Perth, ad vsuales ter- 
minos certos, videlicet, Pentecostes et Sancti Mertini in yeme annuatini per- 
cipiendarum, ita quod utra?que villa? antedicta? annuatim pro eodem annuo 
redditu soluendo predicta? Eufamia? de Lindesay conjunctim et diuisim oner- 
entur : Tenendum et habendum dictum annuum redditum quinque librarum 
prefata? Eufamia? nostra? consanguinea? pro toto tempore vita? sua?, ita libere, 
quiete, honorifice, bene et in pace, sicut nos dictus Patricius et nostri predices- 
sores predicto annuo redditu retroactis temporibus gauisi sumus, seu nos et 
heredes nostri gaudere poterimus quomodolibet in futurum, vel aliquis annuus 
redditus datur vel conceditur in toto regno Scotia? : Ceterum volumus et 
tenore presentium concedimus quod predicto annuo redditu per pretactam 
Eufamiam vel ejus certum deputatum petito ahquo anno durante tempore 
vita? et non acquisito, eadem Eufamia et ejus certus deputatus ad distringendas 



1406.] ROBERT EARL OF MENTEITH, ETC. 275 

predictas villas, tanquam nos, conjunctim et diuisiin, pro eodeni annuo redditu 
prefata? Eufamise annuatim soluendo, liberum habeant recursum sine aliquo 
retinemento seu strepitu judiciali : Et ad quae omnia et singula premissa in 
hac carta fideliter obseruanda et perimplenda, prelibata Eufamia uxor nostra, 
tactis sacrosanctis evangeliis, juramentum prestitit corporale : Et nos Patricius 
comes predictus et heredes nostri eundem annuum redditum quinque librarum 
persoluendarum, ut premittitur, prefata? Eufamias consanguinese nostra? pro 
toto tempore vitas suae, warantizabimus, acquietabimus et contra omnes mor- 
tales defendemus : In cuius rei testimonium sigillum nostrum presentibus est 
appensum ; apud Perth, sexto die mensis Decembris, anno Domini millesimo 
quadringentesimo sexto. Quamquidem cartam, donationem et concessionem 
in eadem contentas, in omnibus punctis suis et articulis, conditionibus et 
inodis ac circumstantiis quibuscunque, in omnibus et per omnia, approbamus, 
ratificamus et autoritate officii nostri gubernationis regni predict! confirmamus 
durante tempore antedicto : Saluo domino nostro regi et heredibus suis de 
predictis duabus villis cum pertinentiis seruitio debito et consueto : In cuius 
rei testimonium presentibus pro toto tempore vitas dictae Eufamias duraturis 
magnum sigillum officii nostri apponi precepimus : Apud Perth, decimoquinto 
die Decembris, anno Domini millesimo quadringentesimo duodecimo, et 
gubernationis nostra? septimo. 

Hasc est vera copia principalis carta? suprascripta? contenta? in registro 
supremi domini nostri, extracta, copiata et collationata, in omnibus cum 
originali concordans, nil addito vel remoto quod substantiam mutaret 
aut sententiam variaret, per me dominum Joannem Hamiltoun de 
Magdalenis, militem, clericum rotulorum registri ac consilii, sub nieis 
signo et subscriptione manualibus. 

J. Hamilton, Cls Eegri. 



276 MENTEITH CHARTERS. [1408. 



48. Chaeter by Patrick Earl Palatine of Strathern, confirming a 
Charter by David Stewart, Earl Palatine of Strathern, to 
Maurice of Dromund, of the office of Steward of Strathearn. — 14th 
February 1408. 1 

Omnibus hoc scriptum visuris vel audituris, Patricius comes palatinus de 
Stratherne, eternam in Domino salutem. Sciatis nos vidisse, inspexisse et 
diligenter examinasse quamdam cartam quondam domini Dauid comitis 
palatini de Stratherne, factam quondam Mauricio de Dromund, de officio 
senescallatus comitatus de Stratherne, non rasam, non abolitam, non viciatam, 
nee in aliqua sui parte suspectam, sed omni vicio et suspicione carentem, 
cuius tenor sequitur in hec uerba : — Omnibus banc cartam visuris uel 
audituris, Dauid Senescallus, comes palatinus de Stratherne, salutem in 
Domino sempiternam. Noueritis nos dedisse, concessisse, et hac presenti 
cartra nostra confirmasse dilecto consanguineo nostro Mauricio de Dromunde, 
pro suo fideli seruicio nobis impenso et impendendo, officium senescallatus 
nostri comitatus de Stratherne : Tenendum et habendum eidem Mauricio, 
heredibus suis et assignatis," dictum officium cum pertinenciis, feodis et 
consuetudinibus debitis et consuetis, ad dictum officium spectantibus seu 
quoquo modo in futurum spectare valentibus, de nobis et heredibus nostris, 
in feodo et hereditate imperpetuum, libere, quiete, bonorifice, plenarie et in 
pace : Eeddendo inde nobis annuatim et heredibus nostris dictus Mauricius 
et heredes sui uel assignati vnum sufficientem bouem ad festum Sancti 
Martini in hieme, si petatur, pro omnimodo seruicio, exaccione seu demanda, 
que de dicto officio per nos aut heredes nostras quomodolibet exigi poterunt 
uel requiri : Nos vera Dauid Senescallus Scocie, comes de Stratherne et 

1 Original Charter at Drummond Castle. 



1409.] INDENTURE BETWEEN ALBANY AND DOUGLAS. 277 

heredes [nostri] ac assignati dictum ofhcium senescallatus cum pertineuciis 
preuominato Mauricio, heredibus suis et assignatis, contra omnes homines et 
feminas warrantizabimus, acquietabimus et imperpetuum defendemus. In 
cuius rei testimonium presenti carte nostre sigillum nostrum, apud Concrag, 
fecimus apponi : Testibus, nobilibus viris, Waltero de Morauia, Hugone 
de Ross, Thoma de Comry, Dauid de Cochrane, et Johanne de Cochrane, ac 
diuersis aliis. Quam vero cartam, cum omnibus suis punctis, clausulis et 
artioulis, modis, condicionibus ac circumstanciis vniuersis, forma pariter et 
effectu, in omnibus et per omnia, prout in eadem carta plenius continentur, 
cum consensu et assensu dilecte consortis nostre Eufamie comitisse de 
Stratherne, nos pro nobis et heredibus nostris approbamus, ratificamus et 
tenore presentis scripti nostri- imperpetuum confirmamus. In cuius rei 
testimonium presenti scripto nostro sigillum nostrum apponi fecimus ; apud 
Perth, decimo quarto die mensis Februarii anno Domini millesimo cccc mo 
octauo. 



49. Indenture between Eobert Duke of Albany, Earl of Fife and 
Menteith, Governor of Scotland, and Archibald, fourth Earl of 
Douglas, for mutual concord and assistance. — Inverkeithing, 20tb 
June 1409. 1 

This endenture, made at Innyrkethin, the tventy day of the moneth of June, 
the yhere of grace a thousand four hundreth ande nyne, betvix ane excellent 
ande a mychty prince, Robert Due of Albany, Erie of Fiffe and of Menteth, 
and gouuernour of Scotland, on the ta part, ande a richt nobil ande a mychty 
lorde, his cosine, Archibald Erie of Douglas, Lorde of Galway and of 

1 Original in H. M. General Register House, Edinburgh. 



278 MENTEITH CHARTERS. [1409. 

Anandirdale, on the tothir parte, proportis in the self and beris witnes, that 
thai willand, on aythir part, that full frendschip and kindnes be kepit and 
continuyt betvix thaim in tyme to cum, thai oblise thaim, ilkane til othir, be 
the faithis and the trowthis of thair bodyis, in fourme ande manere as eftir 
folowis ; that is to say, that the saide Archibald Erie of Douglas is oblisit, 
and oblisis him, as is beforsaide, til the saide Due of Albany, gouuernour of 
Scotland, that he sal be til him in all his causis lele counselour, and with al 
his wit and [all] his mycht lele helpar and suppouellour for al the dayis of 
his life, withoutyn fraude or gile, befor and agaynis all dedelik personis, his 
allegiance acht til our lorde the king anerly outane ; ande the forsaide 
Eobert Due of Albany, gouuernour of Scotland, oblisis him in like manere 
til the saide Archibald Erie of Douglas, in all his causis, for the terme of his 
life, in al fourme ande effect as is beforsaide, befor ande agaynis al dedlik 
personis, his allegiance acht til our lorde the king anerly outane : And gif 
onye of the forsaide lordis wittis or persavis ony maner of grefe, skath or 
perele apperand til othir, he sal, with al haste that he may, revele it or ger 
it be revelit and made knawin to the tothir part, ande set the letting tharin 
that he may at his power without delay : Alsua it is acordit betvix the saide 
lordis that nane of thaim sal mak sic like band as this with ony othir 
persone, but consent of bathe the partyis : Alsua it is acordit, that gif ony 
discorde or controuersy happynnis to grow betvix the saide lordis, as 
God forbede, the party feland him engrefit sal ask tha thingis to be refourmit 
and amendit at the tothir, ande that herd, he sal cum at the instance of the 
tothir within fourty dayis til cunnabil place, ancle in sobir manere, and gif 
he may nocht cum at sic tyme throu causis resonabil, he sal cum alsone as 
he gudely may thareftir, but fraude or gile, and thar it sal be fandit with 
thair bathetis counselis to ger the thing be dvly refourmit; and that 
falzeand, it sal be submittit to sevin personis of thair bathetis counselis 



1409.] INDENTURE BETWEEN ALBANY AND DOUGLAS. 279 



throu thaim to be chosine, ancle tha sevin bodily, the grete athe sworn - 
apon the haly euangelis, sail ordene reformatioun tharapon eftir the nature 
of thair band, as tha sevin thinkis the cause requeris : Ande gif ony 
discorde happynnis betvix thir forsaide lordis touchand fee and heritage, thai 
sal preve gude acorde with the auisment of thair bathetis counselis, ande 
that acorde falzeand in sic manere, tliai sal nocht tak that cause furthe, hot 
in lufely manere as the lach will : Alsua, gif thar happynnis ony discorde 
or riot amang thair men that touchis fee and heritage or slachtir of men, 
thai sal lelily do thair power on aythir part to get it be stanchit in lufely 
manere, ande gif thai sua na may, thai sal mak thaim na party with thaim, 
bot in sobir manere, as the lach will : Ande in case that outhir controuersy 
or bargane happyn amang thair men, thai sal lelily do thair power to get it 
be amendit amang thaim self in lufely manere, and gif thai may nocht acorde 
be trety in lufely manere, thai sail call bath the partyis, that is, he that 
pleynzeis ande he that is pleynzeit on, befor thaim and thair counsele, 
askand thaim to be submittit to thaim and to thair counselis vnsuspect, 
apon sic complain tis, ande quha sa refusis til submit him to the saide lordis 
ande to thair counselis vnsuspect, to do ande to tak reformatioun of sic 
wrangis eftir the sicht of the saide lordis and thair counselis vnsuspect, the 
party refusand that nouthir of the saide lordis sal mayntene na suppouel, fra 
thinefurthe in tha causis that he refusis to submit him apon : Alsua it is 
acordit fullily betvix the saide lordis, that gif ony of thair sonnis, or of thair 
sonnis sonnys, or of thair brethir, or ony othir persone within the realme, 
makis ony riot, debate or distroubillance within the cuntre, or rebellis or 
disobesis till ony of the saide lordis again resoun, aythir of the saide lordis 
sal suppouel othir be thaim self, or be ane of thair tva eldest sonnis, with al 
thair gudely power, to ger sic rebellioun, ryot and disobesance be restrenzeit 
and stanchit, as may be sene maste expedient to thaim ande til thair bathetis 



280 MENTEITH CHARTERS. [1409. 

counselis but fraude or gile : Alsua, it is acordit that nane of the forsaide 
lordis sal do na suffir to be done, at thair power, to nouthir of thaira slachter, 
disherison, areste, ua vndoing be na manere of way, bot thai sal again stand 
it, and let it at al thair power, but fraude and gile : Alsua it is acordit, that 
gif ony of the forsaide lordis findis him engrevit in ony of the poyntis 
contenit in thir forsaide indenturis, it sal be refourmit be thaim and be thair 
counselis, eftir the nature of thair band, or ellis be sevin personis of thair 
bathetis counselis, to be chosin of thair assentis, as is befor saide, ande in 
nane othir manere : Alsua it is acordit, that gif it happynnis the saide lorde 
the Due to grow in tyme to cum to the estate of king, that this band, as 
touchand evin falowschip ande estate, sal expire fra thinefurthe, bot that all 
kindnes and frendschip sal be kepit betvix thaim in tyme to cum. And gif 
Eobert Stewart of Fife and Waltir Stewart of the Leuenax his brothir, ande 
Archibald of Douglas and Jamis of Douglas, sonnys to the saide Erie of 
Douglas, or ony of the saide four personis, will be gouernit eftir the counsel 
ande the ordinance of the saide lordis thair faderis, ande be bundyn to this 
band in like manere as thair faderis ar, thai sal be tane in it, ande be 
comprisit in the samyn manere as the nature of the band will, and with the 
counsel of the makaris of it : Ande for the mare sikkirnes and traistfull 
keping of al ande sindry the forsaide thingis, lelily and trewly to be 
kepit, in all fourme and effect, poyntis, articulis and condiciounis, but 
fraude or gile or male engyne, bathe the saide lordis has gifin thair 
bodily athis apon the haly euangelis. In witnes of the qwhilk thing, to 
the partyis of thir indenturis, the seelis of the saide lorde the Due ancle 
of the saide Erie entirchangeabli ar to put, the day, yhere ande place 
forsaide. 1 

1 Only a portion of the tag of the seal now remains attached to the writ. 



1410.] MARRIAGE ALLIANCE BETWEEN ALBANY AND DOUGLAS. 281 



50. Indenture between Robert Stewart, Duke of Albany, Earl of Fife 
and Menteith, and Sir Archibald, Earl of Douglas, etc., for the 
marriage of the son of the former, John Earl of Buchan, with 
Elizabeth, daughter of the Earl of Douglas. — 21st July 1410. 

This endenture, made at Pertht, the ane and twenty day of the munetht of 
Jule, the yere of grace a thousant iiij c and ten, betwekis ane excellent and a 
mychty prince, Robert Due of Albanie, Erie of Fyff and of Mentetht, and 
gouuernoure of Scotland, and a noble lord his sone, Jone Stewart, Erie of 
Bouchane and Chavmerlan of Scotland, on the ta parte, and a richt worschip- 
ful and mychty lord, Sir Archebald Erie of Douglas, lord of Galway and of 
Anandirdale, on the tuthire parte, proportis in itself, and beris witnes that it 
is fullely accordit betwekis thaim in fourme and manere eftirfollowand ; that 
is to say, that, with the grace of God, the said Jone Erie of Bouchane sal mary 
aud haf to wif Elisabeth of Douglas, the douchtir of the said Erie of 
Douglas, and the said parties sal send til oure hally fadire the Pape message 
with al gudly haist for the purchesse of the said mariage to be fulfillit : For 
the qwhilk mariage the said Erie of Douglas sal gif heritablely, befor the 
fulfilling of the forsaid mariage, twa hundreth markis worth of land in to 
proprete and demain, with the tenandries of tba ilke, gif ony bee ; that is to 
say, al the landis of the Stewartoun with the appertenencis, and al the landis 
of Ormysheucht with the appertenencis, lyand in the baronry off Cunyngaham, 
within the schirrefdome of Are, to the fornemyt Jon Erie of Bouchane and 
Elisabeth of Douglas, and to the langere lifand of thaime, and to the lauchful 
haires for to be gottin betwekis thaime ; and thai failyand, as God forbeid, to 
the lauchful haires male of the forsaid Erie of Bouchane of his body to be 
gottin ; the qwhilkis al failyand, as God forbeid, than the said landis to retourn 

2 N 



282 MENTEITH CHARTERS. [1410. 

again to the forsaid Erie of Douglas and his lauchful haires, qwhat euer thai 
be : Alswa it is accordit, that gif it swa be that the forsaid landis of the 
Stewartoun and of Orniysheucht extendis noueht to twa hundreth mark of 
ferme be yere, the forsaid Erie of Douglas oblis him be this endenture that 
he sal gif als mekil land til the said Erie of Bouchane and Elisabeth of 
Douglas, in swilk fourme and condiscion of tailye as he is oblist to gif the 
said landis of the Stewartoun and Ormisheuch, the qwhilkis landis sal ly in 
swilk connable place as the forsaid lord the Due haldis him content of, swa 
that the condiscion befor made of the said twa hundreth markis worth of land 
sal be halely fulfillit befor the fulfilling of the said mariage, withoutin fraud e 
or gile : Alswa it is accordit, that qwhen the forsaid purches commis in Scot- 
land for the said mariage fulfilling, that the said Erie of Douglas sal mak, 
befor the fulfilling of it, fre re[sign]acion of the said landis of the Stewartoun 
with the appertenencis, and of Ormysheuch with the appertenencis, and of 
the landis that he sal gif in the fulfilling of the said twa hondreth [niarjkis 
worth of land in to the oure lordis handis, the said oure lordis gifand thaime 
to the said Erie of Bouchane and Elisabeth of Douglas, til remain with thaime 
[in sjwilk fourme of tailye as is befor writtin in thire endenturis : Alswa gif 
it happynnis the said Erie of Douglas throuch Goddis will to discesse of this 
lif befor [the Contjesse of Douglas that now is his wif, and the samyn 
Contesse til clame and joise hir jointfeftment, the qwhilk scho has in the said 
landis of Stewartoun [and Orniyskjeuch, with the appertenence, the said Erie 
of Douglas oblis him, his hairis and his assignais, to pay ilke yere, als lange 
as the said Contesse joisis the said [jointjfeftment, to the said Jon Erie of 
Bouchane and Elisabeth of Douglas and thair haires, eftire the condiscioun of 
thire endenturis, als mekil annuel rent in the mone [of Scotland] to be raisit 
of his four baronries, that is to say, Bothvile, Strathawane, Drumsargart, and 
Curmannok, as the ferme of the said landis of the Stewartoun and 



1410.] JOHN EARL OF BUCHAN AND ELIZABETH DOUGLAS. 283 



[Orniysheu]ch extendis to at the fulfilling of this said mariage : Alswa it is 
accordit, that gif the said Erie of Douglas procuris his said wif til quitcleme 
[hir sai]d jointfeftment of the forsaid landis of Stewarton and Ormysheuch, 
with lettre of witnessing thareof, to the forsaid Erie of Bouchane and Elisabeth 
of Douglas [and thair hjairis, as is beforsaid, than the forsaid Erie of Douglas 
sail he quit of his oblising that he has made in thir endenturis of his foure 
baronries beforsaid : Alswa [it is accorjdit that the said Erie of Bouchane 
sal gif in dowry, befor the fulfilling of the said mariage, to the said Elisabeth 
of Douglas for hir liftirne, twa hundreth markis worth of land of fre rent be 
yere, lyand in connable and esy place, with chartire, witnes, and lef of the 
oure lord : To the fulfilling and the keping of al and sindry the forsaid thingis, 
but fraude and gile, or ony vnresounable delay, the forsaidis Erls of Douglas 
and Bouchane, apon the hally ewangilles, has gifin thair bodely athis. In 
witnessing of the qwhilk thingis, to the party of thire endenturis remaynand 
with the said Erie of Douglas the forsaid lord the gouuernour and his forsaid 
son the Erie of Bouchane has gert set thair seeles, and to the party 
remaynand with the forsaid lord gouuernour and his son of Bouchane the 
forsaid Erie of Douglas has gert set his seel, the day, yere and place 
beforesaid. 1 



51. Charter by Eufamia, Countess Palatine of Strathern, to Alexander 
the Grame, of the lands of Calandermore and Calanderbeg. — 13th 
July 1414. 

Eufamia comitissa palatina de Stratherne, omnibus banc cartam visuris 
uel audituris, salutem in Domino : Sciatis nos in nostra pura et legitima 

1 Only the tag now remains. 



284 MENTEITH CHARTERS. [1411. 

viduitate constituta, dedisse, concessisse, necnon et hac presenti carta nostra 
imperpetuum confirmasse dilecto fratri nostro Alexandro le Grame, filio 
Willelrni le Grarne domini, pro suo bono et fideli seruicio nobis impenso et 
irapendendo, ornnes et singidas [terras] nostras de Calandermore et Calanderbeg 
cum pertinenciis, iacentes infra comitatum de Stratherne predictum : Tenendas 
et babendas omnes et singulas predictas terras cum pertinenciis predicto 
Alexandro, beredibus suis et suis successoribus, de nobis et heredibus nostris 
ac nostris successoribus, in feodo et hereditate inperpetuum, bbere, quiete, 
bene et in pace, per omnes rectas metas et diuisas suas, cum curiis et curiarum 
exitibus, et escbaetis, in aquis, stagnis, sduis, moris, et marresiis, pratis, 
pascuis et pasturis, molendinis, multuris et eorum sequelis, brasinis,' pis- 
trinis et fabrinis, cum aucupacionibus, venacionibus et piscacionibus, ac 
omnibus aliis hbertatibus, commoditatibus et aisiamentis ac iustis pertinenciis 
quibuscunque ad dictas terras spectantibus seu iuste spectare [valentibus] 
quomodolibet in futurum. Eeddendo inde annuatim dictus Alexander, 
beredes sui et sui successores, nobis et beredibus nostris et nostris 
successoribus, bomagium, seruicium, wardam et reliuium, ac tres sectas 
ad tria placita nostra capitalia infra Stratberne tenenda tantum, pro 
omni alio seruicio seculari, exaccione seu demanda, que de dictis terris 
cum pertinenciis aliqualiter exigi poterunt uel requiri. Nos vero dicta 
Eufamia, heredes nostri ac nostri successores, omnes et singulas predictas 
terras cum pertinenciis, prenominato Alexandro, heredibus suis et suis 
successoribus, in omnibus et per omnia, ut premissum est, contra omnes 
homines et feminas warantizabhnus, acquietabimus et imperpetuum defen- 
demus. In cuius rei testimonium presenti carte nostre sigillum nostrum est 
appensum, apud Perth, decimo tercio die mensis Julii, anno Domini millesimo 
cccc mo decimo quarto. 




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1415.] CHARTER BY ROBERT DUKE OF ALBANY. 285 



52. Charter by Eobert Duke of Albany, Governor of Scotland, to William 
de Hay of Ereol, Constable of Scotland, of the lands of the barony of 
Cowie — 14th May 141 5. 1 

Eobertus Dux Albanie, comes de Fife et de Menteth, ac regni Scocie 
gubernator, omnibus probis hominibus tocius regni predicti, clericis et laicis, 
salutem. Sciatis nos dedisse, concessisse, et hac presenti carta nostra 
confirmasse carissimo nepoti nostro, Willelmo de Haia de Erole, constabulario 
Scocie, totas et integras terras baronie de Colly cum pertinenciis, iacentes infra 
vicecomitatum de Kincardin : Quequidem terre cum pertinenciis fuerunt 
Willelmi Frasere de Fillorth hereditarie, et quas idem Willelmus Frasere, 
non vi aut metu ductus, nee errore lapsus, sed mera et spontanea voluntate 
sua, in manus nostras, per fustem et baculum ac per suas literas patentes 
sub sigillo suo, coram subscriptis testibus, sursum reddidit, pureque 
simpliciter resignauit, ac totum ius et clameum que in dictis terris cum 
pertinenciis habuit vel habere poterit, pro se et heredibus suis, omnino 
quitumclamauit imperpetuum : Tenendas et habendas totas et integras terras 
baronie predicte, cum tenandiis et liberetenencium seruiciis ac ceteris 
pertinenciis quibuscunque, predicto Willelmo de Haia, nepoti nostro, et 
heredibus suis, de domino nostro Eege et heredibus suis, in vnam integram 
et liberam baroniam, in feodo et hereditate imperpetuum, per omnes rectas 
metas suas antiquas et diuisas ; cum omnibus et singulis libertatibus, 
comoditatibus et aisiamentis ac iustis pertinenciis quibuscunque, ad dictam 
baroniam spectantibus seu iuste spectare ualentibus quoinodolibet in 
futurum, adeo libere et quiete, plenarie, integre et honorifice, bene et in pace, 
in omnibus et per omnia, sicut idem Willelmus Frasere aut predecessores sui 
dictam baroniam cum pertinenciis, ante dictam resignacionem nobis inde 

1 Original Charter at Pkiiorth. 



■286 



MENTEITH CHARTERS. 



[1415. 



factam, liberius tenuit seu possedit, tenuerunt seu possederunt : Faciendo 
inde domino nostro Eegi et heredibus suis dictus Willelrnus de Haia, nepos 
noster, et heredes sui, seruicia de dicta baronia cum pertinenciis debita et 
consueta : In cuius rei testimonium presenti carte nostre magnum sigillum 
officii nostri apponi precepimus ; testibus, reuerendo in Christo patre Gilberto 
episcopo Aberdonensi, cancellario Scocie, Johanne Steuart comite Buchanie, 
filio nostro, Alexandra de G-rame filio domini de Grame, Thoma Brisbane, 
Willelmo de Portduvine, Willelmo de Cochrane, Dauid Dallirdase, et Andrea 
de Hawic,. rectore de Listoun, secretario nostro ; apud Falklande, quarto 
decimo die mensis Maii, anno Domini millesimo quadringentesimo quinto- 
decimo, et smbernacionis nostre nono. 



53. Precept by Muedach Duke of Albany, Earl of Fife and Menteith, 
for a charter to William Lord of Grahame, knight, of the barony of 
Dundaff and the superiority of Kynpont, etc. — 8th January 1421. 

Murdacus dux Albanie, comes de Fife et de Menteth ac regni Scocie guber- 
nator, reuerendo in Christo patri domino Wilelmo episcopo Glasguensi, 
cancellario Scocie, salutem : Sciatis quod concessimus carissimo consanguineo 
nostro Wilelmo domino de Grahame omnes et singulas terras baronie de 
Dundaf cum pertinenciis, iacentes infra vicecomitatum de Striuelyne ; necnon 
superioritatem omnium terrarum de Kynpont, de Elotstoun, de Cliftoun, et de 
Poumfraystoun cum pertinenciis, in constabulario de Linlithqu infra vicecomi- 
tatum de Edinburgh iacencium : Quequidem terre et superioritas dictarum 
terrarum cum pertinenciis fuerunt predicti domini de Grahame hereditarie, 
et quas idem dominus, non vi aut metu ductus, nee errore lapsus, set mera 
et spontanea voluntate [sua ? in manus nostras, coram testibus subscriptis, per 
fustum et baculum personaliter sursum reddidit pureque simpliciter resignauit ; 



1421.] GRANT BY MV ED AG II DUKE OF ALBANY. 287 

ac totum ius et clameum que in dictis terris et superioritate cum pertinenciis 
habuit vel habere poterit, pro se et heredibus suis, omnino quittum clamauit 
irnperpetuum : Tenendas et habendas totas et integras prenominatas terras de 
Dundaf cum pertinenciis, vna cum prefata superioritate antedictarum terrarum 
de Kynpont, de Elotstoun, de Cliftoun et de Poumfraistoun cum pertinenciis, 
predicto consanguineo nostro domino de Grahame, ac Patricio de Grahame 
filio et heredi quondam Alexandri de Grahame, filii et heredis predicti domini 
de Grahame, et heredibus suis masculis de corpore suo legitime procreandis ; 
quibus forte deficientibus, Alexandro de Grahame, secundo filio dicti quondam 
Alexandri, et heredibus suis mascidis de corpore suo legitime procreandis ; 
quibus deficientibus, Johanni de Grahame, filio predicti Wilelmi de Grahame, 
ac heredibus suis masculis de corpore suo legitime procreandis ; quibus defi- 
cientibus, Eoberto de Grahame, filio eiusdem Wilelmi domini de Grahame, ex 
carissima consanguinea nostra, Mariota comitissa Angusie, sponsa sua secunda 
genito, et heredibus suis masculis de corpore suo legitime procreandis ; quibus 
deficientibus, Patricio de Grahame, secundo filio suo de predicta sponsa sua 
genito, et heredibus suis masculis de corpore suo legitime procreandis ; quibus 
deficientibus, Wilelmo de Grahame, tercio filio suo de prefata sponsa sua 
genito et heredibus suis masculis de corpore suo legitime procreandis ; quibus 
forte deficientibus, Henrico de Grahame quarto filio suo de predicta sponsa sua 
genito, et heredibus suis masculis de corpore suo legitime procreandis ; quibus 
deficientibus, Waltero de Grahame, quinto filio suo de prefata sponsa sua 
genito, et heredibus suis masculis de corpore suo legitime procreandis ; quibus 
omnibus, quod absit, deficientibus, veris, legitimis, et propinquioribus heredibus 
masculis predicti Wilelmi domini de Grahame, cognomen et arma de le 
Grahame gerentibus quibuscunque, libere reuertendas, de domino nostro 
rege et heredibus suis, in feodo et hereditate irnperpetuum ; per omnes rectas 
metas suas antiquas et diuisas, cum omnibus et singulis libertatibus, com- 



288 



MENTEITH CHARTERS. 



[1421. 



moditatibus, et aisiamentis ac iustis pertinenciis quibuscunque ad predictas 
terras et superioritatem cum pertinenciis spectantibus seu iuste spectare 
valentibus quomodolibet in futurum ; adeo libere, et quiete, plenarie, integre 
et bonorifice, bene et in pace, in omnibus et per omnia, sicut prefatus con- 
sangumeus noster, dominus de Grahame, aut aliquis predecessorum suorum 
prenominatas terras et superioritatem cum pertinenciis de domino nostro rege 
aut predecessoribus suis, ante dictam resignacionem nobis inde factam, liberius 
tenuit seu possedit, tenuerunt vel possederunt : Faciendo prefatus Wilelmus 
dominus de Grahame ac heredes supradicti talliati predicto domino nostro regi 
et beredibus suis de predictis terris et superioritate cum pertinenciis seruicia 
debita et consueta : saluis tamen predicte consanguinee nostre Mariote comi- 
tisse Angusie sponse prefati domini de Grahame iuncta sua infeodacione, ac 
racionabili sua tercia parte predictarum terrarum cum pertinenciis, cum 
contigerit : Quare mandamus vobis et precipimus quatenus cartam d[ebite 
factam] sub magno sigillo nostro, in forma capelle nostre, debite prefato Wil- 
elmo domino de Grahame ac heredibus suis superius talliatis fieri faciatis super 
concessionem antedictam. Datum sub sigillo nostro secreto ; hiis testibus, 
carissimo fUio nostro Waltero Steuart de Fife, de Menteth et de Leuenax, 
Roberto domino de Erskine, Vmfrido de Conyngham de Vchtermachane, milite, 
Malcolmo Flemyng de Bigar, Alexandro de Levingstoun de le Kalendar, et 
Alano de Ottirburne, secretario nostro ; apud Striuelyne, mensis Januarii die 
viii'.', anno Domini m mo cccc™ vicesimo primo, et gubernacionis nostre secundo. 



54. Charter by Murdach Duke of Albany, Earl of Fife and Menteith, 
Governor of Scotland, to William Lord of Grahame, knight, of the 
barony of Dundaf, the superiority of Kynpunt, etc. — 8th January 1421. 

Murdacus dux Albanle, comes de Fife et de Menteith, ac gubernator 
regni Scocie, omnibus probis hominibus totius regni predicti, clericis et laicis, 



1421.] GRANT BY MURDACH DUKE OF ALBANY. 289 

salutern : Sciatis nos dedisse, concessisse, et hac presenti carta nostra con- 
firmasse carissimo consanguineo nostro Wilelmo domino de Grahame, militi, 
omnes et singulas terras baronie de Dundaf cum pertinenciis, iacentes infra 
vicecomitatum de Stryuelyne ; necnon superioritatem omnium terrarum de 
Kynpunt, de Elotstoun, de Clyftoun, et de Ponfraistoun cum pertinenciis, in 
constabularia de Linlithgw infra vicecomitatum de Edinburgh iacentium : 
Quequidem terre et superioritas dictarum terrarum cum pertinenciis fuerunt 
predicti domini de Grahame hereditarie, et qiias idem dominus, non ui aut 
metu ductus, nee errore lapsus, set mera et spontanea voluntate sua, in manus 
nostras coram testibus subscriptis per fustum et baculum personaliter sursum 
reddidit, pureque simphciter resignauit, ac totum ius et clameum que in dictis 
terris et superioritate cum pertinenciis habuit vel habere poterit, pro se et 
heredibus suis omnino quittum clamauit imperpetuum : Tenendas et habendas 
totas et integras prenominatas terras de Dundaf cum pertinenciis, vna cum 
prefata superioritate antedictarum terrarum de Kynpunt, de Elotstoun, de 
Clyftoun et de Ponfraistoun cum pertinenciis, predicto consanguineo nostro 
domino de Grahame, ac Patricio de Grahame filio et heredi quondam Alex- 
andri de Grahame, filii et heredis predicti domini de Grahame, et heredibus 
suis masculis de corpore suo legitime procreandis ; quibus forte deficientibus, 
Alexandra de Grahame, secundo filio dicti quondam Alexandri, et heredibus suis 
masculis de corpore suo legitime procreandis ; quibus deficientibus, Johanni 
de Grahame, filio predicti Wilelmi domini de Grahame, ac heredibus suis mas- 
culis de corpore suo legitime procreandis ; quibus deficientibus, Koberto de 
Grahame, filio eiusdem Wilelmi domini de Grahame ex carissima consanguinea 
nostra Mariota comitissa Angusie sponsa sua secunda genito, et heredibus 
suis masculis de corpore suo legitime procreandis ; quibus deficientibus, 
Patricio de Grahame, secundo filio suo de predicta sponsa sua genito, et 
heredibus suis masculis de corpore suo legitime procreandis ; quibus deficien- 

2 



290 MENTEITH CHARTERS. [1421. 



tibus, Wilelmo de Grahame tercio filio suo de prefata sponsa sua genito, et 
lieredibus suis masculis de corpore suo legitime procreandis ; quibus forte 
deficientibus, Henrico de Grahame quarto filio suo de predicta sponsa sua 
genito, et heredibus suis masculis de corpore suo legitime procreandis ; quibus 
deficientibus, Waltero de Grahame quinto filio suo de prefata sponsa sua 
genito, et heredibus suis masculis de corpore suo legitime procreandis ; quibus 
omnibus, quod absit, deficientibus, ueris, legitimis et propinquioribus heredibus 
masculis predicti AVilelmi domini de Grahame, cognomen et arm a de le 
Grahame gerentibus quibuscunque, libere reuertendas, de domino nostro 
rege et heredibus suis in feodo et hereditate imperpetuum, per omnes rectas 
metas suas antiquas et diuisas, cum omnibus et singulis libertatibus, com- 
moditatibus, et aisiamentis ac iustis pertinenciis quibuscunque ad predictas 
terras et superioritatem cum pertinenciis spectantibus, seu iuste spectare 
ualentibus quomodolibet in futurum ; adeo libere et quiete, plenarie, integre, 
et honorifice, bene et in pace, in omnibus et per omnia, sicut prefatus consan- 
guineus noster, dominus de Grahame, aut aliquis predecessorum suorum 
prenominatas terras et superioritatem cum pertinenciis de domino nostro rege 
aut predecessoribus suis, ante dictam resignacionem nobis inde factam, liberius 
tenuit seu possedit, tenuerunt uel possederunt : Faciendo prefatus Wilelmus 
dominus de Grahame ac heredes supradicti talliati domino nostro regi et 
heredibus suis de predictis terris et superioritate cum pertinenciis seruicia 
debita et consueta : saluis tamen predicte consanguinee nostre Mariote comi- 
tisse Angusie, sponse prefati domini de Grahame, iuncta sua infeodacione, ac 
racionabili sua tercia parte predictarum terrarum cum pertinenciis, cum con- 
tigerit. In cuius rei testimonium, presenti carte nostre magnum sigillum 
officii nostri apponi precepimus ; testibus, reuerenclo in Christo patre, Wilelmo 
episcopo Glasguensi, cancellario Scocie, carissimo filio nostro Waltero Stewart 
de Fyfe, de Menteth et de Leuenax, Koberto domino de Erskyne, Vmfredo de 



1423.] ACQUISITION OF THE LANDS OF DRIPPS, ETC. 291 

Conyngharo.niilitibus, et Alano de Ottirburne, secretario nostro ; apud Striue- 
lyne, octauo die mensis Januarii, anno Domini millesimo quadringentesimo 
vicesimo primo, et gubernacionis nostre secundo. 



55. Chaetek by John Steuart, Earl of Bitchan, Constable of France, 
to Murdach Duke of Albany, Earl of Fife and Menteith, of the 
lands of Dripps and others. — 28th January 1423. 1 

Omnibus hanc cartam visuris vel audituris, Johannes Steuart comes Buchanie, 
constabularius Francie ac camerarius Scocie, salutem in Domino sempiternam : 
Sciatis nos dedisse, concessisse et hac presenti carta nostra imperpetuum 
confirmasse serenissimo principi, domino Murdaco duci Albanie, comiti de 
Fife et de Menteth, ac regni Scocie gubernatori, domino ac fratri meo 
metuendo, totas et integras terras nostras de Drippis, de Bad, de Cambus- 
dreny et de Westwod cum pertinenciis, iacentes in baronia de Kyncardyn 
infra vicecomitatum de Perth: Tenendas et habendas dictas terras cum 
pertinenciis dicto domino Murdaco, heredibus suis et suis assignatis, de barone 
de Kyncardyn et snccessoribus suis, in feodo et hereditate impeipetuum, per 
omnes rectas metas suas antiquas et diuisas, in boscis et planis, moris, 
marresiis, viis, semitis, aquis, stagnis, pratis, pascuis et pasturis, molendinis, 
multuris et eorum sequelis, aucupacionibus, venacionibus et piscacionibus, 
cum fabrinis et brasinis, cum curiis, eschaetis et curiarum exitibus, bondis, 
bondagiis, natiuis et eorum sequelis, et cum omnibus aliis et singulis liberta- 
tibus, commoditatibus et asiamentis ac iustis pertinenciis quibuscunque, tarn 
non nominatis quam nominatis, tarn sub terra quam supra terrain, tarn procul 
quam prope, ad dictas terras cum pertinenciis spectantibus seu iuste spectare 

1 Original Charter in H. M. General Register House, Edinburgh. 



292 MENTEITH CHARTERS. [1423. 



valentibus quomodolibet in futurum, adeo libere et quiete, plenarie, integre et 
honorifice, bene et in pace, in omnibus et per omnia, sicut nos aut aliquis 
predecessorum nostrorum dictas terras cum pertinenciis de dicto barone de 
Kyncardyn aut predecessoribus suis tenuimus aut possedinius aliquo tempore 
retroacto : Faciendo dicto baroni de Kyncardyn et successoribus. suis predictus 
dominus Murdacus, heredes sui vel sui assignati, seruicia de predictis terris 
cum pertinenciis debita et consueta : Et nos vero dictus Johannes et heredes 
nostri totas et integras terras predictas cum pertinenciis predicto domino 
Murdaco, heredibus suis et suis assignatis, contra omnes mortales warantizabi- 
mus, acquietabimus et imperpetuum defendemus. In cuius rei testimonium 
presenti carte nostre sigillum nostrum apponi fecimus, apud Striuelyne, 
vicesimo octauo die mensis Januarii, anno Domini millesimo quadringen- 
tesinio vicesimo tercio ; hiis testibus, Eoberto de Conynghame de Kylmauris, 
Archebaldo de Conynghame de Achynbowy, Magistro Johanne Steuart rectore 
de Flisk, -Johanne de Lummysdene vicecomite de Fife, consanguineis nostris 
dilectis, Johanne Wricht constabulario de Faucland, Willelmo de Cadyhou 
burgensi de Aberdene, Thoma de Douglas, Alexandra Guide, burgensibus de 
Striuelyne, et Alano de Ottyrburne, secretario predicti domini nostri guber- 
natoris, cum multis aliis. 

56. Pkecept of Sasine by Walter Earl of Athole and Caithness, as 
tutor of Malise Earl of Strathern, for infefting Patrick of Grahame in 
the lordship of Kincardine. — 10th November 1424. 

Walterus comes Atholie et Cathanie, ac tutor legittimus nobilis Malisei 
comitis palatini de Stratherne, Alexandro Loutfute, maro de Stratherne, 
salutem : Quia per inquisicionem de mandate nostro coram nobis factam et 
ad capellam dicti comitis retornatam, compeftum est quod Alexander de 



1427.] NEW ERECTION OF EARLDOM OF MENTEITH. 293 



Grahame, pater quondam Patricii de Grahame, latoris presentium, obiit ves- 
titus et saisitus vt de feodo de dominio de Kincardin, videlicet, de Kincardin, 
Foswell, Clone, Koule, et de tereia parte de Nethir Prony et Oner Prony 
cum pertinenciis, et de Westir Bardrale et Calaudermore et Calanderbeg cum 
pertinenciis, in regalitate antedicta de Stratherne, ad pacem et fidem domini 
regis et comitis antedicti ; et dictus Patricius est legitimus et propinquior 
heres eiusdem quondam patris sui de eisdem terris cum pertinenciis, et est 
legitime etatis ; et predicte terre cum pertinenciis tenentur in capite de pre- 
fato comite, videlicet, Kincardin, Foswel, Clone, Koule, et tereia parte de 
Nethir Prony et Westir Bardrale in alba firma, et Ca[lan]dermore et Calander- 
beg in warda et releuio : Vobis igitur precipimus et mandamus quatenus, 
cum idem Patricius comiti de Stratherne fecerit quod de iure debeat, saisinam 
hereditariam sibi vel suo certo attorn ato de predictis terris cum pertinenciis 
iuste habere faciatis, saluo iure cuiuslibet ; et hoc non omittatis. Datum sub 
sigillo nostro, apud Methfen, nomine tutorio, x mo die mensis Nouembris, anno 
Domini millesimo cccc mo vicesimo quarto. 

57. Charter by King James the First to Malise Earl of Menteith, 
erecting the lands of Craynis and others into the Earldom of Menteith. 
— 6th September, 22d of King's reign [1427]. 

Jacobus Dei gratia rex Scotorum, omnibus probis homimbus totius terre sue, 
clericis et laicis, salutem : Sciatis nos dedisse, concessisse et hac presenti carta 
nostra confirmasse dilecto consanguineo nostro Malizeo comiti de Meneteth 
omnes et singulas terras subscriptas, videlicet, terras de Craynis Estir, Craynis 
Wester, Craguthy Estir, Craguthi Westir, terras de Glasswerde, terras de 
Drumlaen, terras de Ladarde, terras de Blareboyane, terras de Gartnerthynach, 
terras de Blareruscanys, terras Foreste de Baith, le Sidis de Lochcon, terras de 



294 ME NT E IT H CHARTERS. [1427. 

Blaretuchane et tie Marduffy, terras de Culyngarth et de Frisefteware, terras 
de Eose cum le Cragmuk, terras de Inchere, terras de Gartinhagil Bobfresle, 
terras de Bouento, terras de Downans et Baleth, ten'as de Tereochane, terras de 
Drumboy, terras de Crancafy, terras de Achray, terras de Glassel et Cravane- 
culy, terras de Savnach, terras de Brigend, terras de Lonanys et Garquhat, terras 
de Drumanust, terras de Schanghil, terras de Ernetly et de Monybrachys, terras 
de Gartrnrdne et de Ernomul, terras de Ernecomy, terras de Achmore, cum 
le Porte et le Insche cum pertinenciis, iacentes infra vicecomitatum de Perth : 
Quas quidem terras cum pertinenciis in liberum comitatum de Menteth con- 
stituimus, ordinamus et de nouo erigimus ; ceteras autem terras que de dicto 
comitatu ante banc nostram concessionem ab antique- fuerant, et que in presenti 
carta nostra non continentur, per expressum nobis et successoribus nostris 
[inperpejtuum tenore presencium reseruamus : Tenendas et habendas omnes et 
singulas prenominatas terras cum pertinenciis prefato Malizeo et heredibus 
suis masculis de corpore suo legitime procreatis seu procreandis, quibus forte 
deficientibus, nobis et successoribus nostris libere reuertendas, de nobis et here- 
dibus nostris, in liberum comitatum de Menteth, in feodo et hereditate inper- 
petuum, per omnes rectas metas suas antiquas et diuisas, in boscis, planis, 
moris, marresiis, viis, semitis, aquis, stagnis, pratis, pascuis et pasturis, 
molendinis, multuris et eorum sequelis, aucnpacionibus, venacionibus et 
piscacionibus, cum fabrilibus et bracinis, petariis, turbariis et carbonariis, 
cum curiis, eschaetis et curiarum exitibus, cum furca et fossa, sok, sak, thol, 
theme, infangandtbeif et outfangandtheif, bondis, bondagiis, natiuis et eorum 
sequelis, ac cum omnibus aliis et singulis libertatibus, comoditatibus et 
aisiamentis ac iustis pertinenciis suis quibuscunque, tarn non nominatis quam 
nominatis, tarn sub terra quam supra terrain, ad prenominatas terras cum 
pertinentiis spectantibus, seu iuste spectare valentibus quomodolibet in futu- 
rum, libere, quiete, bene et in pace : Faciendo nobis et heredibus nostris 



1453.] MALISE GRAHAM, EARL OF MEXTEITH. 295 

dictus Malizeus et heredes sui masculi de corpore suo legitime procreati seu 
procr'eandi tres sectas curie anuuatim ad tria placita capitalia apud Perth 
tenenda, ac wardam, releuium et maritagium, cum contigerint, pro predictis 
terris cum pertineuciis, vna cum servitiis debitis et consuetis : In cuius rei 
testimonium presenti carte nostre magnum sigillum nostrum appoui pre- 
cepinius : Testibus, reuerendo in Christo patre Jolianne episcopo Glasguensi, 
cancellario nostro, Jolianne Forestarii, camerario nostro, Waltero de Ogilvy, 
thesaurario nostro, Roberto de Laweder, iusticiario nostro ex parte australi 
aque de Forth, militibus, et magistro Wilelmo de Foulis preposito de Bothuile, 
custode priuati sigilli nostri ; apud Edinburgh, sexto die mensis Septembris, 
anno regni nostri vicesimo secundo. 



58. Charter by Malise Graham, Earl of Mentetth and Lord of Kinpunt, 
to James Lord Hamilton and Euphemia his spouse, of the lands of 
Illieston, in the Constabulary of Linlithgow. — 17th December 1453. 1 

Omnibus hanc cartam visuris vel audituris, Maliseus comes de Monteth ac 
dominus de Kynpunt, salutem in Domiuo sempiternam. JSToueritis nos 
dedisse, concessisse, et hac presenti carta nostra confirmasse dilecto consan- 
guineo nostro et affini, Jacobo domino le Hammyltone, militi, et Eufamie 
sponse sue, sorori nostre carissime, pro suis seruicio et auxilio nobis gratanter 
factis, omnes et singulas terras nostras de Elastone, jacentes in dominio nostro 
de Kynpunt, in constabularia de Lynlythqw, et infra vicecomitatum de 
Edynburgh : Tenendas et habendas totas et integras terras predictas cum 
pertineuciis predictis Jacobo et Eufamie et eorum alteri diucius viuenti, et 
heredibus suis masculis inter ipsos legittime procreatis seu procreandis, 
quibus forte deficientibus. veris legittimis et propinquioribus heredibus 
1 Original in Duke of Hamilton's Charter-chest. 



296 MENTEITH CHARTERS. [1453. 

prefati Jacobi, seu eius assignatis, de nobis et hereclibus nostris, in feodo et 
hereditate imperpetuum, per orunes rectas metas suas antiquas et diuisas, 
provt jacent in longitudine et latitudine, in nioris, marrasiis, petariis, tur- 
bariis, carbonaviis, euniculariis, columbariis, lapide et calce, genestis et bruariis, 
in boscis, planis, pratis, pascuis et pasturis, viis, semitis, siluis, aquis, stagnis, 
riuolis, molendinis, multuris et eorum sequelis, cum communi pastura, aueu- 
pacionibus, venacionibus, et piscacionibus, fabrinis, brasinis, berezeldis, 
bludwetis, escbaetis, et march etis mulierum, cum curiis et earum exitibus, 
vnacum libero introitu et exitu, ac etiam cum omnibus aliis et singulis 
libertatibus, commoditatibus et aysiamentis ac iustis suis pertinenciis 
quibuscunque, tarn non nominatis quam nominatis, tarn subtus terra quam 
supra terram, procul et prope, ad dictas terras cum pertinenciis spectantibus, 
seu iuste spectare valentibus quomodolibet in futurum, libere, quiete, 
plenarie, honorifice, bene et in pace, in omnibus et per omnia, sine aliquo 
retinemento nostri aut heredum nostrorum : Eeddendo inde annuatim dicti 
Jacobus et Eufamia et eorum alter diucius viuens, et heredes masculi inter 
ipsos legittime procreati seu procreandi ; quibus forte deficientibus, veri 
legittimi et propinquiores heredes prefati Jacobi, vel eius assignati, nobis et 
hereclibus nostris, apud principale mesuagium predictarum terrarum de 
Elastone, ad festum Eenthecostes, vnum denarium monete Scocie nomine albe 
firme, si petatur tantum, pro omni seruicio seculari, exactione seu demanda, 
que per nos vel heredes nostros de dictis terris exigi poterunt quomodolibet 
vel requiri. Et nos vero prefatus Maliseus et heredes nostri omnes et singulas 
predictas terras de Elastone cum pertinenciis prefatis Jacobo et Eufamie et 
eorum alteri diucius viuenti, et heredibus suis masculis inter ipsos legittime 
procreatis seu procreandis ; quibus forte deficientibus, veris legittimis et pro- 
pinquioribus heredibus dicti Jacobi, et eius assignatis, contra omnes mortales 
warantizabimus, acquietabimus et imperpetuum defendemus. In cuius rei 



1466.] PORT OF MENTEITH A BURGH OF BARONY. 297 



testimonium huic presenti carte sigillum nostrum apponi fecimus ; apud 
castrum de Bothuile, decimo septimo die mensis Decembris, anno Domini 
millesimo quadringentesimo quinquagesinio tercio ; coram hiis testibus, Eoberto 
Grahame de Inchemachlyn, magistro Willelmo Bane, notario publico, dominis 
Patricio Grahame, Georgio Grahame, Thonia Smyth, presbyteris, Waltero 
Grahame, Patricio Weddale, scutiferis, et Andrea Carryg, cum multis aliis. 




59. Charter by King James the Third erecting Port in Menteith into 
a Burgh of barony in favour of Malise Earl of Menteith. — 8th 
February 1466. 

Jacobus Dei gracia Eex Scotorum, omnibus probis hominibus suis ad quos pre- 
sentes litere peruenerint, salutem : Sciatis quod pro singulari fauore quern geri- 
mus erga dilectum consanguineum nostrum Malizeum comitem de Menteith, 
et pro prouidencia nobis et ligiis in summitate de Menteith tempore venacio- 
num et aliis temporibus facienda, fecimus et per presentes facimus villain de 
Porte in Menteith infra vicecomitatum nostrum de Perth jacentem liberum 
burgunt in barouia : Tenendam et habendam prefatam villam de Porte dicto 
Malizeo et successoribus suis ac inhabitautibus eandem perpetuis futuris tem- 
poribus, in merum et liberum burgum in baronia, cum vniuersis et singulis 

2 p 



298 



MENTEITH CHARTERS. 



[146C. 



libertatibus, preuilegiis, proficuis, comnioditatibus et asiamentis, ac justis per- 
tinenciis quibuscumque, tam non nominatis quam nominatis, ad burgum in 
baronia spectantibus, seu quouismodo juste spectare valentibus in futurum, 
et adeo libere, quiete, plenarie, integre, honorifice, bene et in pace, in omnibus 
et per omnia, sicut aliquis burgus in baronia in regno nostra, quibuscumque 
retroactis temporibus, liberius infeodatur : Quare vniuersis et singulis quorum 
interest vel interesse poterit stricte precipimus et mandamus ne quis in con- 
trarium predicte nostre concessionis aliquatenus deuenire presumat, sub omni 
pena que competere poterit in hac parte : In cuius rei testimonium presen- 
tibus magnum sigillum nostrum apponi precepimus, apud Edinburgli, octauo 
die mensis Pebruarii, anno Domini millesimo quadringentesimo sexagesimo 
sexto, et regni nostri septimo. 



60. Notarial Transumpt, made 10th May 146", of the Eetoor of Service 
of William Lord the Graham as heir of his father, Patrick Lord 
Graham, in Kynpont and Carloury. — 2d May 1467. 

In Dei nomine amen : Per hoc presens publicum instrumentum cunctis 
pateat euidenter quod anno ab Incarnacione eiusdem millesimo quadringen- 
tesimo sexagesimo septimo, indictione decima quinta, et mensis Maii die 
decima, pontificatus sanctissimi in Christo patris et domini nostri, domini 
Pauli diuina prouidentia pape secundi, anno tercio, transsumpta et copiata 
sunt hec de quadam litera originali retornatus sub sigillo Alexandri Hathwy 
deputati vicecomitis de Linlithgw, et quinque aliis sigillis quorundam baronum 
et liberetenencium vicecomitatus de Linlithgw existencium, super deserui- 
cionem breuis inquisitionis capelle regie impetrati per Wilelmum dominum 
le Grahame super terris de Kynpont et Carloury cum pertinenciis, jacentibus 
infra dictum vicecomitatum, non rasa, non cancellata, nee in aliqua sui parte 



1467.] RETOUR OF WILLIAM LORD GRAHAM. 299 

suspecta, sed omni prorsus vicio et suspicione carente, tenorem qui sequitur 
continente : — Inquisicio facta apud burgurn de Linlithqw, in pretorio eiusdem, 
coram prouido viro Alexandra Hatbwy, deputato vicecomitis eiusdem, secundo 
die niensis Maii, anno Domini millesimo quadringentesimo sexagesimo septimo, 
per hos subscriptos, videlicet, Archibaldum de Newtoune de eodem, Wilelmum 
Douglas de Autbornden, Jobannem Cornale de Ballinherd, Jacobum Tennande 
de Lynhous, Alanum Malevile, Michaelem de Hammiltoune de Locbous, 
Tbomani Cornele, Walterum Paywele, Matheum de Hammiltoune, Patricium 
Cornele, Alanum Broon, Andream Hoge, Johannem Patounsoun, Andream 
Patounsoun, Jobannem Kers, Eobertum Beg et Alanum Parkle. Qui iurati 
dicunt quod quondam Patricius dominus Grabame, pater Wilelmi domini le 
Grabame, latoris presentium, obiit vltimo vestitus et sasitus ut de feodo, ad 
pacem et Mem supremi domini nostri regis, de terris de Kynpont cum per- 
tinentiis, et de Carloury cum pertinentiis, jacentibus infra vicecomitatum 
de LinUtbqw ; et quod dictus "Wilelmus dominus Grabame est legittimus 
et propinquior heres eiusdem quondam Patricii patris sui de dictis terns 
cum pertinentiis; et quod est legittime etatis ; et quod dicte terre de Kynpont 
cum pertinentiis valent nunc per annum quadraginta marcis et tempore pacis 
valuerunt viginti libris, et dicte terre de Carloury cum pertinentiis valent 
nunc per annum decern marcis et tantum tempore pacis ; et quod dicte terre 
de Kynpont cum pertinentiis tenentur in capite de supremo domino nostro 
rege in alba firma, reddendo annuatim vnum denarium argenti in festo 
natiuitatis Domini nostri Jhesu Cbristi, super solum dictarum terrarum, 
nomine albefirme, sipetatur; et dicte terre de Carloury tenentur in capite de 
domino preceptore de Torficbin, ordinis Sancti Jobannis de Jherusalem, in 
alba firma, reddendo dicto domino preceptori nouem solidos vsualis monete 
Scocie ad festa Pascbe et beati Michaelis Arcbangeli per equales portiones, 
nomine albe lirme ; et dicte terre de Kynpont cum pertinentiis sunt in mani- 



300 



MENTEITH CHARTERS. 



[1461 



bus domini nostri Eegis legittime per seipsum, causa mortis dicti quondam 
Patricii, prefato herede ius suum non prosequente a tempore quiuque ebdo- 
modarum vltimo elapsarum ; et diete terre de Carloury sunt in manibus dicti 
preceptoris ex dicta causa per idem tempus. In cuius rei testimonium 
sigillum dicti deputati vicecomitis, vna cum sigillis quorundam super dicta 
inquisitione existentium, breui regio incluso, presentibus est appensum, anno, 
die et loco predicto. Super quo transsumpto nobilis vir Eobertus Douglas 
publice a me notario publico subscripto fieri petiit presens publicum instru- 
mentum. Acta erant bee, apud Edinburgb, bora quasi tercia post meridiem, 
anno, die, mense et pontificatu, quibus supra ; presentibus ibidem, venerabili 
viro magistro Alexandro Morame, directore cancellarie, Wilelmo Douglas, 
Lanceloto Murray, Patricio Murray, et multis aliis testibus ad premissa vocatis 
specialiter et rogatis. 

Et ego Jobannes Tailliefer Sanctiandree diocesis, publicus auctoritate 
imperiali notarius, predicte litere retornati perlectioni [etc. in com- 
muni forma]. 



61. Grant by King James the Third to James of Menteith of the lands 
of Eednok, for tbe killing of tbe King's rebel, Patrick Stewart. — 18th 
December 1473. 1 



James, be the grace of God, King of Scoitis, to all and sindrie oure liegis and 
subditis quham it effeiris, quhais knaulage thir oure lettres salcum, greting : 
Wit ye that forsamekill as we gaif and grantit of before to oure louet James 
of Menteithe, and his aeris heretably, in feuferme, the landis of Eednok, 
extendand yerly to ten pundis, Hand in Menteithe, within oure schirefdome of 

1 Original Grant at Graliamston Grange, Rednok. 



1493.] GIFT OF REDNOK TO JAMES OF 2IENTEITH. 301 



Perth, for the slauchtir of vmquhile oure rebell Patrik Stewart, for ten poundis 
yerly to be pait to ws and oure successouris in feuferme : The quhilk dona- 
cioun, gift, and feuferme, for ws and oure successouris we appreve, ratifyis, and 
confermes for euermare be thir oure lettres : Certifyand and declarand to al 
and sindrie oure liegis forsaide, aud vtheris oure officiaris quhame it effeiris, 
that in ony reuocatioun made be ws in tyme bigane, we reuokit nocht oure 
saide gift and donatioun made to the saide James becaus of the thankfull 
laubouris that he made to the emplesaure of ws, in the slauchtir of oure said 
rebell. Bot oure wil and entent is that the saide James and his aeris bruke 
and joiss the saide landis heretablye in feuferme, efter the tennour of the 
charteris and euidentis made of thame to him and his aeris of before, nocht- 
withstanding ony reuocatioune made be ws in t} 7 me bigane and to cum : 
Gevin vnder oure priue sele at Edinburghe, the auchtene day of December, 
the zere of God a thousande four hundrethe sevinty and thre zeris, and of 
oure recme the fourtene zere. 

[Privy Seal appended.] 



62. Sasine of Alexander Gkahame, Eael of Menteitii, as heir of his 
grandfather, Earl Malise, in the Earldom of Menteith. — 6th May 
1493. 

In Dei nomine Amen : Per hoc presens publicum instrumentum cunctis 
pateat euidenter et sit notum omnibus quod anno Dominice Incarnationis 
millesimo quadringentesimo nonogesimo tercio, die vero mensis Maij sexto, 
indictione vndecima, pontificatus sanctissimi in Christo patris ac domini, 
domini Alexandri divina prouidentia pape sexti anno primo, et regni supremi 
domini nostri Jacobi quarti Scotorum regis illustrissimi anno quinto, in mej 



302 



MENTEITH CHARTERS. 



[1493. 



notarij publici testiumqiie infrascriptoruni presencia personaliter constitutus 
honestus vir Michael Dwne, balliuus deputatus nobilis viri Villelmi domini 
Eothven vicecomitis de Perth, per literas patentes ipsius Villelmj sub eius 
sigillo sigillatas, assensas et publicatas, quarum literarum tenor sequitur in hec 
uerba : — Vilzame lord Eothven, sherref of Perth, to Andro Eothven, Michel 
Dvne, Thomas Chessome, Johne Bennat, and Vilzame Dene, conjunctlie and 
seueralie, maris of the said sherrefdome, greting : Forsamekle as thar is pre- 
sents to me ane bref of sesing of our souerane lordis chapel, be Alexander 
. Erl of Menteth, to gif him heritable stat and possession to hymself or his 
actornay, of the Erldome of Menteth with the pertinens, quhilkis vmquhile 
Malice, Erie of Menteth, the said Alexander's grantschyr, deit last vestit and 
sesit as of fe, at the fatht and pece of our souerane lord the King : Quharfor I 
charge yow, in our souerane lordis behalf and myn, that yhe pace incontinent, 
and that yhe gif heritable stat and possession of the said erldome, with the 
pertinens, to the said Alexander or his attornais, safand ilk mannis rycht ; 
takand securite of the payment of sex hundreth merkis, for the malis of the 
said erldome, beand in the Kingis handis the space of thre yheris, in fait of 
recoueryng of sesing, and of twa hundreth merkis for the relew of the said 
erldome, and this yhe do, wnder the charge that efter may folow : The quhilk 
to do, to yow, and ilkane of yow, coniunctlie and seueralie, I commyt my 
fule power be thir my lettres, writin wnder the sele of my office at Perth, the 
first day of May, the yher of Gode ane thousand four hundreth nynthe and 
thre yheris : Quibusquidem Uteris publicatis et lectis, prefatus Michael acces- 
sit ad ripam lacus de Inchmahomok prope le Coldone supra solum terrarum 
de Porth, et ibidem statum sasinam et possessionem realem actualem et cor- 
poralem prefati comitatus de Menteth cum pertinenciis nobili viro Alexandre 
Grahame, comiti de Menteth prenotato, per terre et lapidis traditionem, ut 
moris est in talibus vestiri ; necnon eundem Alexandrum in possessionem pre- 



1501.] BOND FOR SUPPRESSION OF CRIME. 303 



dicti comitatus de Menteth cum pertinenciis prefatus Michael auctoritate sui 
officii induxit et vestiuit cum effectu : Super quibus omnibus et singulis pre- 
fatis, prefatus Alexander a me notario pirblico et coram testibus subscriptis 
sibi fieri petiit publicum instrumentum, vnum aut plura, publicum seu publica. 
Acta erant hec apud litus lacus de Inchruahomok inter prescriptum lacum et 
le Coldone, hora quasi duodecima in meridie vel eocirca, sub anno, die, mense, 
indiccione, pontificatu et regno quibus supra : Presentibus ibidem konorabili- 
bus viris, Alexandra Stewart de Garthwele, Eoberto Nory de Tarbert, Johanne 
Knox de Erumanwel, Patricio Bochannen de Ballowin, Thoma Knox, Nor- 
mando ]\I'Fersoune de Drumgy, Johanne Galbrath et Macohno Squyar 
testibus, cum multis aliis per me vocatis specialiter et rogatis. 

Et ego Valterus Nory, presbyter Brechinensis diocesis, auctoritatibus imperiali 
regalique notarius, quia premissis omnibus et singulis [etc. in forma 
communi]. 



63. Bond between King James the Fourth and Alexander Earl of 
Menteith and others, for the suppression of crimes. — 27th May 1501. 
[Contemporary Copy.] 

At Perte, the xxvii dai of May, the yer of God ane thoussand fyff hundretht 
and ane yer, it is apponttit, agreit, and concordit betuex the Kingis Henes 
and Jhone Erl of Athell, Wilyhame Erie of Arrell, Wilyame Lord Grahame, 
Alexander Erl of Menteitht, Jhone Lord Drummund, Wilyame Lord Pavan, 
Jhone Lord Olyphant, Schyr Wilyame of Murray, Eobert the Maynzeis of 
the Weym, Archbald Edmanston of Duntreth, James Herring, James Herring 
of Tullyboill, Schyr Jhone of Eattra of that like, Wmfra Murrai of Abyr- 
carny, Neil Stewart, Alexander Eobertson, Mungcreil (Moncreif) of that like, 



304 MENTEITH CHARTERS. [1501. 

Duncan Stewart, aSTeillis sone, Andro Cardenel Lard of Foss, in maner and 
form as efftir followis ; that is to say, that al the said personis sal, for tham 
selff, thair landis, malingis, steddingis, rowrnys, bailzereis, and office quhat- 
sumeuer, in tym to cum, be bunddyn and oblyste, and be this present vrit 
binddis and oblisses thame and ilk ane of thame, for thair landis, mailliugis, 
steiddingis, rowmys, bailzeis, and office, to our said souerand lord, that thai 
sal in al tymys to cum induring the lyfftyme of thame or ony ane of thaim, 
and the lyff of oure said souerand lord, keip al maner off personis duelland 
and ramanand apon thar propir landis, malingis, stedis, rowmys, bailzeis, 
and office quhatsumeuer fra al maner of cryirn efftir followand; that is to say, 
common thyfft, common raset of thifft, common gret oppression, common 
raset of rabellis and slauchterris ; and gyf ony personis or person ramanand 
or duelland apon thair said landis, mailingis, rowmys, steiddingis, bailzereis, 
or office, commyttis ony of the said crymis, thai and ilkane off thaim, for thair 
said bowndis, sail entir personis or person to the kingis justice aire of Perth, 
to vnderly the law for the sammyn, or gyff thai be fugitiui and passis 
vthow thair bonddis, sail hald thaim furtht sai that tha sail mak na 
rasidens within thaim withtoute that thai bring thaim to the kingis law; and 
failzeand, as God forbeid it do, at yhe bring thaim nocht, nor ilkane of 
tham, within thair said boundis the kingis lawis, or gyff thai be fugitiui, 
to put tham furtht or hald thaim furtht off thair said boundis, thai sail 
pai to the Kingis Henes for ilke persone landit xl lib., for ilke gentilman 
vnlandit x lib., for ilke common v lib. : Alssua gyff the said personis beis 
fugitiui and passis vthow thair boundis, be the quhilke thai ma nocht entir 
thaim to the kingis lawis, thai and ilkane of thaim for thair boundis forsaid 
sail dewyce and schaw to the Kingis Henes the four halff aboute, and to the 
ramanand of the personis bonddin with thaim in thair bandis, quhar that 
person or personis is passit to and ramanis, swa that he or thai sail nocht 



1501.] BOND FOR SUPPRESSION OF GRIME. 305 



ramain in nane of thair boundis : Alssua the said personis sail rasawe 
nane vderris personis of vthir landis within thair boundis that ar fngitywe 
fra the kingis lawis ; and gyff ony sic persone cumis withtin ony of the 
said boundis and ramanis the space off xl dais, the person in quhais boundis 
he ramanis in the said xl dais salbe haldin to mak anssuar for hym, and 
as he sail for his awyn propir men and tennandis, and wnder the samyn 
panis : Alsua the said personis sail thoil na herschippis cum nor gang 
throw thaim nor thar boundis, bot thai sail stop thaim or be deforsit with 
starkar na thar selff, as salbe noterly knawin to the kingis henes, and all the 
hail cuntre ; and mairatour, gyf thai be ony fre tennandis within ony of the 
saidis lordis boundis quhilkis rafus or vil rafus to bynd thaim to raleiff thar 
lord or masterris or thar tennandis, maillingis and rowmys of this band maid 
to the kingis henes, and to keip thaim skaithles at his handis for the 
sammyn of thar rowmys, the kingis henes beyn varnit within x dais efftir 
this band that thai refussit to bind as said is, than and in that cais the 
kingis henes sail owder caus tha personis refussand to bynd to thar lord 
and master to raleiff hym of that band of thar rowmys, or ellis sail discharge 
that lord of his band in that part quhilk is rafusit. In vitnes of the 
quhilk thing the said lordis and barronis has ilkane of thaim be thaim selff 
subscrivit this write with thar handis, dai, yer, and place abon vrityu. 

Jhone Eel of Atholl. Jhone of Eathea. 

Wilzame Loed Geahame. James Heeeing of Clwny. 

Jhone Loed Olliphant. Andeo Cabdeny of Fos. 

Alexandee Eel of Menteith. Alexandee Eobeetson of Strowan. 

Jhone Loed Deummund. Wmfea Muekay of Oggilby. 

"Wilzhame Loed Eowan. Neil Stewaet of Fortergil. 

Wilzam of Muebay of Tulibardin. Jhone of Munceef of the sammyn. 

2 Q 



30 G 



MENTEITH CHARTERS. 



[1503. 



64 Bond betwixt Alexander Grahame, Earl of Menteith, and James Earl 
of Arran, for mutual defence. — 20th November 1503. 1 

Thir Indentures, maid at Edynburgh, the xx day of Nouember, the yeir of 
God j m v c and thre yeiris, betuix richt noble and mychti lordis, James Erie 
of Arane, Lord Hanimyltoun, etc., on the ta part, and Alexander Erie of 
Mentheth on the tother part, in manere forme and effect as efter folowis ; that 
is to say, that the said James Erie of Arane, etc., sail stand in afauld band 
of kyndenes to the said Alexander Erie of Menteith, in the supple mantein- 
ance and defens of him, his kyn and freyndis, in all and sindry thair leiffull 
and honest querelis, and to tak his part quhen he requiris him. And in 
like wis the said Alexander Erie of Menteith sail stand in afauld band of 
kyndenes to the said James Erie of Arane, etc., in the supple, manteiiiance 
and defens of him, his kyn and freyndis, in all and sindry thair leiffull and 
honest querelis, and to tak his part quhen he requiris him. And for the 
obseruyng and keping heirof, the said James Erie of Arane, etc., is bundin 
and oblist, be the faith and treuth of his body, the grete aith suorne, the 
haly euangelis tuiohit, and nocht to cum in the contrair heirof in tyme to 
cum vndre the pane of infame, periure and iuhabilite. And in lyke wis 
for the obseruyng and keping hereof, the said Alexander Erie of Menteith is 
bundin and oblist, be the faith and treuth of his body, the grete aith suorne, 
the haly euangelis tuichit, and nocht to cum in contrair heirof in tyme to 
cum vndre the pane of infame, periure and inhabilite. In witues heirof to 
the part of this indenture remanand with the said Alexander Erie of 
Menteith, the said James Erie of Arane, etc., has affixt his propre sele, 
togidder with his subscriptioun manuale, befoir thir witnes, "William Erie 
of Montross, Lord Grahame, etc., William Murray of Tolibardin, Walter 

1 Original in Duke of Hamilton's Charter-chest. 



1508.] OBLIGATION TO EARL OF MONTROSE. 307 



Forester of the Tonvod, knychtis, Johne of Knok, son and apperand air to 
Ventre Knok of Cragans, Dauid Murray of Megoure, Dauid Murray of 
Dowlary and Patrick Grahame, with vytheris diuers, place, day and yeir 
forsaid. 






rr/— 



65. Obligation by Alexander Earl of Menteith to William Earl of 
Montrose as to the lands of Kynpunt and Elastoun. — 14th February 
1508. 

Be it kend till all men be thir present lettres, me, Alexander Erie of 
Menteth, to be bundin and oblist, and be thir present lettres and the faith 
and treuth in my body, lelelie and treulie bindis and oblissis me to ane nobill 
and michty lord, Williame Erie of Montros, Lord Graym, etc., that forsa- 
mekle as the said Lord Erie is bundin to me be his lettre obligatour to 
warrand, acquiet and defend to me, myne airis and assignais, the landis of 
Kynpvnt and Elastoun, with thair pertinence, liand within the sherefdome 
of Linlithgw, fra recognitioun and all process of forfatour to be led be our 
souerane lord apone the saidis landis of Kynpvnt and Elastoun, quhilk I 
hald in free blanch ferme, be charter and sesing of the said Lord Erie of 
Montros, and to do and fulfill vtlier thiugis to me anent the securite of the 
saidis landis, betuix the day of the dait of thir presents and the feist of 
Witsonday nixt to cum eftir the dait of the samyn, like as at mair lenth is 
specifyit and contenit in the lettre obligatour maid and gevin to me be the 
said Erie of Montros thairapone. Neuirtheles I am and standis content that 



308 MENTEITH CHARTERS. [1508. 



gif the said Lord Erie of Moutros saufis and defendis the saidis landis of 
Kynpunt and Elastoun fra our souerane lordis forfatour and recognitioun 
maid thairapone, be his avne anld infeftmentis and euidentis quhilkis he has 
to shaw thairapone, quharethrou I and rnyn airis may peceablie brouk and jois 
the saidis landis in fre blanchferme, as I and my predecessouris has done of 
befor eftir the forme of my charteris and euidentis maid thairapone, in that 
cace I sail desir nocht of the said Lord Erie of Montros anent my securite 
in the saidis landis, bot alanerly the decreit and deliuerance of the Lordis of 
Counsale to be gevin thairapon, and the said Lord Grahamis confirmacioun 
in competent dew forme, vndir his sele, apon my charteris and infeftmentis, 
quhilkis I haue of the saidis landis confirmand the samyn in fre blanchferme, 
siclike as thai ar hald of befor eftir the forme of the said infeftmentis ; or yit 
gif sa beis that the saidis landis beis appropriat and forfat to our said souerane 
lord be resone of the said recognitioun, and that the said Lord Erie of 
Montros compone with our souerane lordis thesaurar, and makis compositioun 
for ane new infeftment, in that cace the said Erie of Montros sail infeft 
me, the said Alexander, heretablie in the forsaid landis of Kinpunt and 
Elastoun with thair pertinent, to be haldin of him and his airis in fre 
blanchferme, eftir the form of my said auld infeftmentis, apon the quhilk 
chartir and new infeftment swa to be maid and gevin to me be the said Erie 
of Montros, he sail gett and deliuer to me our souerane lordis chartir of 
confirmatioun in the mair forme vndir the gret sele, apon his expensis, betuix 
the day of the dait of thir presents and the said feist of Witsonday nixt 
imediatt thairefter followand. The quhilkis thingis abonewrittin beand kepit 
and fulfillit in forme and effect foirsaid, as said is, I sail incontinent thaireftir 
geif and deliuer to the said Erie of Montros his said lettre obligatour 
quhilk he has gevin to me in parchment, vndir his sele, apone the warrandis 
and securite of the said landis ; and failzeing that I deliuer nocht the said 



1512.] ALEXANDER GRAHAM, EARL OF MENTEITH. 309 

lettre obligatour, the premissis beand fulfillit as said is, in that cace I, for 
me and myne airis, cassis and adnullis the said lettre obligatour, and frely 
quitclemis and dischargis the said Erie of Montros, his airis, executouris 
and assignais, of the said obligatioun, and of all pontis contenit thairintill, 
and will for me, myne airis and assignais, that the forsaid obligatioun 
thaireftir to be of nane avale, strenth, force, nor effect be na maner of way iu 
tyme to cum, but cauillatioun, fraud, or gile. In witnes of the quhilk thing 
to thir present lettres my sele is affixt at Edinburgh, the xiiij day of Februar, 
the yeir of God ane thousand five hundreth and audit yeris, befor thir 
witnes, Walter Buchquhanane of that Ilk, Ewir Campbell of Stronquhir, 
George Grayme bruther to the said Erie of Montros, and Malice Grayme, 
with vthers diuers ; and for the mair witnessing I haue subscriuit this 
obligatioun with my hand befor thir witnes, Walter Forester of the Torwod, 
Niniane Bonar of Kelty, knychtis, Henry Grayme and Maister Bobert 
Grayme, with vther diuers. Alexr. Erll of Mentehet. 



66. Charter by Alexander Earl of Menteith to John Colqtjhoun of Luss, 
knight, of the lands of the Two Craance and Cragwchte. — 13th July 
1512. 1 

Omnibus hauc cartam visuris vel audituris, Alexander comes de Menteth, 
salutem in Domino sempiternam : Noueritis nos dedisse, concessisse, vendi- 
disse, ac titulo vendicionis alienasse, et hac presenti carta nostra confirmasse, 
necnou dare, concedere, vendere, alienare, et hac presenti carta nostra 
confirmare nobili viro ac dilecto consanguineo nostro Johanni Culquhoun 
de Luss, militi, omnes et singulas terras nostras de duabus Craance, 

1 Original Charter at Rossdhu. 



310 



MENTEITH CHARTERS. 



[1512. 



extendentes aimuatim ad decern libratas terrarum antiqui extentus, cum 
pertinenciis, necnon omnes et singulas terras nostras de Cragwchte, exten- 
dentes annuatim ad quinque libratas terrarum antiqui extentus cum 
pertinenciis, iacentes in comitatu nostra de Menteth, infra vicecomitatum de 
Perth, pro quadam certa summa pecunie nobis per dictum Johannem 
Culquhoun de Luss premanibus gratanter et integre persoluta in pecunia 
numerata, et in vsum nostrum totaliter conuersa ; de quaquidem summa 
pecunie tenemus nos bene contentos ac plenarie et integre persolutos, et 
dictum Johannem Culquhoun de Luss, heredes suos, executores et assignatos, 
quittos inde clamamus, tenore presentis carte nostre imperpetuum : Tenendas 
et habendas omnes et singulas predictas terras de duabus Craance, necnon 
omnes et singulas terras de Cragwchte, extendentes vt supra, cum earundem 
pertinenciis, dicto Johanni Culquhoun de Luss, militi, heredibus suis et 
assignatis de nobis et heredibus nostris in feodo et hereditate imperpetuum, 
per omnes rectas metas suas antiquas et diuisas . . . ac cum omnibus aliis 
et singulis libertatibus, commoditatibus, proficuis et asiamentis ac iustis suis 
pertinenciis quibuscunque ... ad predictas terras cum pertinenciis spectan- 
tibus, seu iuste spectare valentibus quomodolibet in futurum, libera . . . sine 
aliquo retinemento, reuocacione, aut obstaculo aliquali : Eeddendo inde 
annuatim dictus Johannes Culquhoun de Luss, miles, heredes sui et assignati, 
nobis et heredibus nostris, vnum denarium vsualis monete Scocie ad festum 
penthecostes, super solum dictarum terrarum de Craance, nomine albe firme, 
si petatur tantum, pro omni alio onere, exaccione, questione, demanda, seu 
seruicio seculari, que de predictis terris cum pertinenciis per quoscunque 
juste exigi poterunt quomodolibet vel requiri. Et nos vera dictus Alexander 
comes de Menteth et heredes nostri omnes et singulas predictas terras de 
duabus Craance, necnon omnes et singulas terras de Cragwchte, extendentes 
vt supra, cum earundem pertinenciis, dicto Johanni Culquhoun de Luss, 






15.39.] 



WILLIAM GRAHAM, EARL OF MENTEITII. 



311 



heredibus suis et assignatis, adeo libere et quiete, in omnibus et per omnia 
vt supradictum est, contra onmes mortales warantizabimus, acquietabimus et 
imperpetuum defendemus : In cuius rei testimonium sigillum nostrum huic 
presenti carte nostre est appensum apud Eosdow, decimo tercio die mensis 
Julii anno Domini millesimo quingentesirno duodecimo ; coram hiis testibus, 
magistro Jacobo Culquhoun vicario de Dunlop, Willelmo Grame, Murdaco 
Stewart, Vmfrido Layng, et Eoberto Watson notario, cum diuersis aliis. 



67. Precept of Sasine by William Earl of Menteith to infeft James Earl 
of Arran in the lauds of Ilieston.— 14th May 1539. 1 

Willelmus, Comes de Menteith, dominus de Kinpout ac superior terrarum 
de Elastoun subsciiptarum, dilectis nostris Eoberto Valcar ac eorurn 
cuilibet coniunctim et diuisim balliuis nostris in hac parte specialiter 
constitutis, salutem. Quia per inquisitionem de mandato supremi domini 
nostri regis et ad capellam suam regiam retornatam per vicecomitem factam 
de Linlithqw coinpertum est quod quondam nobilis et potens Jacobus Aranie 
Comes ac dominus Hammiltoun, pater nobilis et potentis Jacobi, Comitis 
Aranie domini Hammiltoun, moderni latoris presencium, obiit vltimo uestitus 
et sasitus ut de feodo ad pacem et fidem supremi domini nostri regis de totis 
et integris terris de Elastoun cum suis pertinenciis, jacentibus nunc in 
dominio nostro de Kynpont et infra vicecomitatum de Linlithqw, que olini 
jacuerunt in dicto dominio infra coustabulariam de Linlithqw et vicecomi- 
tatum de Edinburgh ; et quod dictus Jacobus, Comes Aranie, est legitimus et 
propinquior heres eiusdem quondam Jacobi, Comitis Aranie, patris sui, de 
dictis terris cum suis pertinenciis ; et quod est legitime etatis ; et quod de 

1 Original in Duke of Hamilton's Charter-chest. 



312 



MENTEITH CHARTERS. 



[1539. 



nobis tenentur in capite prout in precepto suprerai domini nostri regis nobis 
sasinain prefato comiti desuper dare mandante directo plenius continetur ; 
Vobis igitur et vestrum cuilibet coniunctim et diuisim balliuis nostris in hac 
parte antedictis precipimus et mandamus quatenus prefato Jacobo, Comiti 
Aranie, vel suo certo actomato latori presencium, sasinam hereditariam ac 
realem, actualem et corporalem possessionem totarnm et integrarum predic- 
tarum terrarum de Elastoun cum suis singulis pertinenciis secundum tenorem 
dicti precepti regie nobis ut premittitur directi, juste tradatis et deliberetis, 
seu alter vestrum tradat et deliberet, et sine dilatione, saluo jure cuiuslibet ; 
et hoc nullo modo omittatis. Ad quod faciendum vobis et vestrum cuilibet 
coniunctim et diuisim balliuis nostris in hac parte antedictis nostram omnimo- 
dam et irreuocabilem tenore presencium committimus potestatem. In cuius 
rei testimonium presentibus sigillum nostrum est appensum vnacum nostra 
subscriptione inanuali, apud Edinburgh decimo quarto die mensis Maij, 
anno Domini millesimo quingentesimo trigesimonono, coram hiis testibus 
domino Andrea Alexander, capellano, Eoberto Grahame, Valtero Awchyll, 
barone, Alexandre Drummond, Eoberto Jhonson, et magistro Johanne 
Hammyltoun notario publico. 1 




(6 




ej^/rr^zj. 




1 There is an Instrument of Sasine written given to James Earl of Arran. It is dated 
on the back of this Precept, showing that ICth May 1539. 
infeftment of the lands of Ilieston was duly 



1554.] JOHN GRAHAM, EARL OF MENTETTH. 313 



68. Commission by Queen Mary to John Earl of Menteith, to administer 
justice within Menteith. — 16th August 1554. 

Maria Dei gracia Eegina Scotorum omnibus probis hominibus suis ad quos 
presentes litere pervenerint salutem. Nbueritis quod fecimus, constituinms, 
et ordinauimus ac tenore presentium facimus, constituimus, et ordinamus 
dilectum nostrum consanguineum Johannem comitem de Menteith, nostrum 
justiciarium in hac parte, infra bondas nostri senescallatus et comitatus de 
Menteith, dantes concedentes et committentes illi nostram plenariam potes- 
tatem ac mandatum speciale, omnes et singulas personas, de furto, hujusmodi 
receptione, incendio lie soruyng, et manifesta rapina delatas, seu delatandas 
intra dictas bondas commorautes vel predicta crimina infra easdem commit- 
tentes, capiendi, apprehendendi, et eas in flrmantia ac captiuitate quousque 
justificari possint ponendi : necnon pro earum justificatione pro eisdem 
curiam seu curias nostre justiciarie infra dictas bondas, apud quamcunque 
partem siue locum ipsarum, prout illi magis expedire videbitur statuendi, 
inchoandi, affirmandi, tenendi, ac quoties opus fuerit continuandi, sectas 
vocari faciendi, absentes amerciandi, transgressores puniendi, exitus amer- 
ciamenta et eschaetas dictarum curiarum petendi, leuandi, exigendi seu 
excitandi, et pro eisdem si necessum fuerit namandi et distringendi, atque 
eas nostra vsui importandi, memoratas personas pro prenominatis criminibus 
in judicio vocandi, per judicamentum ipsas accusandi, illasque ad cogni- 
tionem assise ponendi pro eisdem atque justiciam super eis secundum 
declarationem dicte assise legibus hujus regni nostri consuetudini conforme 
iusticiam ministrandi seu faciendi, ad hunc quoque effectum deputatos sub 
eo in dicto officio unum vel plures, cum clericis, seriandis, iudicatoribus 
omnibusque aliis membris et dictarum curiarum ofhciariis necessariis 

2 R 



314 



MENTEITH CHARTERS. 



[1554. 



faciendi, creandi, substituendi, ordinandi et iurari causandi, pro quibus 
respondere tenebitur assisam vnam vel assisas probarum et militarum per- 
sonarum prescripti comitatus et senescallatus et quatuor senescallatuum seu 
vicecomitatuurn eidem propinquius adiacentium minime suspectarum, veri- 
tatem melius cognoscentium ad sufficientem numerum personarum sub pena 
quadraginta librarum de qualibet persona non comparente, ad comparendum 
coram eis, quibuscunque diebus aut locis per eum vel eius deputatos affixis 
siue affigendis ad aceedendum, super assisa dictarum personarum pro 
memoratis criminibus summonendi, premuniendi, eligendi, et iurari etiam 
causandi, et generaliter omnia alia et singula faciendi, gerendi, exercendi et 
vtendi que in premissis et circa ea necessaria fuerint, seu quomodolibet 
oportuna, ratum et gratum habentes et babituri totum et quicquid dictus 
noster iusticiarius in bac parte, sui deputati et officiarij et ministri in 
premissis rite duxerit seu duxerint faciendum : Quare vniuersis et singulis 
quorum interest, vel interesse poterit, stricte precipimus et mandamus 
quatenus prelibato nostro consanguineo ac iusticiario nostro in hac parte, 
suisque deputatis et omciariis in omnibus et singulis premissa tangentibus, 
prompte respondeant, pareaut et intendant, sub omni pena que cornpetere 
poterit in bac parte : Prouiso semper quod dictus noster consanguineus comes 
prescriptus nequaquam vllam personam ad cognitionem vnius assise ponat 
absque nostre justiciarie clerico, vel suo deputato, ad videndum quod 
justicia omnino ministretur ad huiusmodi presenti : presentibus pro spacio 
trium mensium proximo post datam earundem et vlterius nostra durante 
voluntate dumtaxat duraturis. Datum sub testimonio nostri magni sigilli, 
apud Edinburgb decimo sexto die mensis Augusti, anno Domini millesimo 
quingentesimo quinquagesimo quarto, et regni nostri duodecimo. 

Per signaturam, manu Marie regine dotarie ac regni regentis subscriptam. 






1573.] JOHN WYNRAM, SUPERINTENDENT OF FIFE. 315 

69. Letters of Admission and Collation by John Wynram, Superintendent 
of Fife, etc., in favour of Malise Grahame, presentee to the vicarage 
of Aberfoyle.— St. Andrews, 10th July 1573. 

Maister Johane Wynram, superintendent of Stratherne and Monteith, to 
Allexander Fargy, Michaell Leirmonth, or to ony vthir minister within my 
jurisdictioun, grace, mercy and peax frome our Lord Jesus : Wit ye that our 
souerane lordis lettiris, giwin vndir his hemes previe seall, with aduise and 
consent of ane nobill and mychtie lord, James Erie of Mortoun, Lord 
Dalkeith, Regent to his heines realme and legis, wes directit to me, 
presentand to me Malice Grahame to the vicarage of Abirfuill, lyand within 
the diocie of Dumblane, now vaicand, in his hienes handis, throw Henry 
Seittoune last vicar thairof, hes nocht comperit in presens of me, now his 
ordinar, to haif giwin his assent, and to haif subscryvit the articlis of 
religioun conteanit in the Actis of Perliament, and to haif giwin his aitht 
for acknawleging of his hienes auctorite, and for nocht bringing of ane 
testimoniall in writt thairvpoun, and nocht reading baith the said testimoniall 
and confessioun, and of new making of the said aith oppinlie on sum Sonday, 
in tyme of sermone or publict prearis in the parrocbe kirk, quhair the said 
vicarage lyis, within the space mentionat in his hienes Act of Perliament 
maid thairanent, etc. : Requyring me to try and examinat the qualificatioun 
of the said Malice Grahame, and gif I fand him abill to vse the office of ane 
reader within the kirk of God, to resaue and admitt him to the said vicarage, 
to resaue the confessioun of his faith, his aith of fidelitie to his hienes, and 
dew obedience to his ordinar, etc. Quhilkis thingis I haif done and pervsit, 
and findis the said Malice sufficientlie qualifeit to vse and accercies the office 
of ane reader in the kirk of God, and thairfor has admittit him, and be the 
tennour heirof admittis him to the said vicarage of Abirfull, and to all that 



316 MENTEITK CHARTERS. [1573. 

pertenis thairvnto ; requyring yow thairfor to pas with the foirsaid Malice to 
the kirk of Abirfuill, and thair put him in possessioun of the said vicarage be 
putting in his hand and exhibitioun of the buik of God callit the Bible, and 
placeing of him in the pulpot thairof ; and thaireftir pas to the manse per- 
tening to the said vicarage, and thair in lyk maner gif him possessioun of the 
samin be inclucioun of him in the priucipall house thairof, as ye 'will ansuer 
to me thairvpoun. Attour we dissyre the lordis of our souerane lordis 
cessioun, at the sicht of his hienes presentatioun and of this our admission, 
to grant thair lettiris of formes [four] formes to caus the said Malice be 
ansuerit and obeyit of all fructis, dewiteis and emoliamentis pertening of law 
and consuetude to the said vicarage, provyding alwayis that the said Malice 
sal be subiact and obedient to the ordinance of the General Kirk of this 
realme ; and in caice it sal happin him to be provydit to ony vthir benefice 
within the kirk of God, or for gud caussis to be transports to ony vthir place, 
than this provision to be of na awaill, force, nor effect, bot the said vicarage 
to be disponit to sum vthir qualifeit persone be the just patrone thairof. In 
witnes of the quhilk thing to tliir my lettiris of admissioun and collatioun, 
subscryvit with my hand, my seall of office is to hungin. 1 At Sanctandrews, 
the tent day of Julii 1573. M. Jhone Wynram, 

Superintendent of Straithern. 

70. Mutual Bond of Friendship between John Earl of Menteith and 
Malcolm MacPharlane, fiar of Gartavertane. — 6th March 1597. 

At the Downance, the sext day off Marche, the yeir of God l m v c fourscoir 

and seventene yeris, It is appountuat, aggreit, bandit and finalie endit, 

betuix ane nobill and potent lorde, Johne Erie off Mentethyt, on that ane 

1 The seal is still appended, but much de- legend appears to be S. Superintendent's de 
faced. On a shield a ram passant. The Fyfe. 



1597.] JOHN GRAHAM, EARL OF MENTEITH. 317 



pairt, and Malcome M c Pharland, fear of G-artauartane, on that vther pairt, 
in maner, forme and effect as eftir followis : That is to say, forsamekill as 
the said nobill lorde hes becum bound and obleist, and be the tennour 
heirof bindis and obleissis him and his airis to manteine and defende the 
said Malcum M°Pharland and his airis, and to tak plane pairt with him in 
all his honorabill and lesum adois aganis all persoun or personis quhatsum- 
euir, the Kingis, my lordis cheiff, his lordship's awin howss with the name 
of Grahme alanerlie excepit : For the quhilk caussis forsaid the said 
Malcum M c Pharland and his airis hes becum bound and obleist, and be the 
tennour heirof bindis and obleissis himselff and his airis, be the faithe and 
trouthe of his body, to tak plane pairt with the said nobill lorde and his 
airis in all the said nobill lordis lesum adois quhatsumeuir, and to giff his 
leill and trew seruice to the said nobill lorde and his airis, in manteineing 
and defending off his lordship and howss in ryssing, assisting and fortefeing 
the said nobill lorde, be himselff, his airis and all that he may command 
and mak off the surname of M°Pharland, to the said nobill lordis vse and 
honour aganis all personis quhatsumeuir, the Kingis Maiestie, the Douik 
Lennox, and the said Malcum's cheiff excepit alanerlie ; and that the said 
Malcum nor his airis, nor na vtheris of that surname as he may mak or 
commande, sal nather knawe, wit, se, nor heir, prive or onprive, ony hurt or 
skathe to the said nobill lorde, his airis or howss, of thair persoun, body, 
gudis and geir, bot he and his forsaidis sail forsie and manefest the same to 
the said nobill lorde so far as they knawe or get intelligence off at thair 
powaris, and that thair salbe nather theift or oppressioun dowin to the said 
nobill lorde nor his countray, in selling or takin away heirscheipis or guidis, 
bot that the said Malcome and his foirsaidis sail trauell deligentlie be thair 
moyane, fortificatioun and assistance, to bring hame the same againe at thair 
poware ; and that the said Malcome sal aryess his force and poware at all 



318 MENTEITH CHARTERS. [1597. 



tymes to the said nobill lorde, as his lordship hes to do aganis all personis 

quhatsumeuir, the forsaidis excepit : And in cace the said Malcome or his 

forsaidis beis found or tryit ontrew or disobedient in the premissis in leill 

and trew seruice, or vtherwayis, the said nobill lorde to be frie as this band 

nor contract haid newir being maid, and the same to tak na effect heirefter ; 

and for the mair vereficatioun, keping and observing off the premissis, baythe 

the saidis pairties in taking of thair consent, hes subscriuit the same, yeir, 

day and place forsaidis, as als the said nobill lorde bindis and obleissis him, 

his airis and seruandis, to asseist the said Malcome in cace he haue to do in 

like maner, befoir thir vitnes, Williame Grahme of Duchray, Thome G-rahame, 

and Johne Henrysone. 

J. G. E. Munteth. 
Williame Grahame of Douchray as wittnes. 

Thomas Grahame, witnes. 

Johne Henrysone, vitnes. 

71. Commission by King James the Sixth, appointing William Earl of 
Menteith Justice within his Earldom. — 15th February 1621. 

James E. 
James, be the graice of God King of Greit Britane, France and Ireland, 
Defendair of the faith, to all and sindrie oure leigeis and subiectis quhome it 
effeiris, to quhose knowledge thir our lettrez sail come, greitting : Forsa- 
mekle as the crymes of thift, ressett of thift and pykrie ar become to be 
most frequent and commoun within the boundis of the erledome of Monteithe, 
perteneing heretablie to oure right traist cousigne Williame Erie of Monteith, 
the committaris of the quhilkis crymes takes the greattair bauldnes to 
contenow thairintill becaus no persones are authorized nor cled with oure 
power and commissioun to tak ordour for repressing of the saidis crymeis, 



1621.] WILLIAM GRAHAM, EARL OF MENTEITH. 319 



pvnisching of the committaris thairof, and reteneing and keiping of the 
inhabitantis within the saidis boundis, vnder oure obedyence; and we, 
vnderstanding the goode and worthie dispositioun of oure said cousigne the 
Erie of Menteith to do ws seruice, and his goode inclinatioun to justice, and 
to suppres and pvnische all offensis committit within his boundis : Thairfoir 
we haue rnaid and constitute, and be the tennour heirof makis and constitutes 
oure said cousigne and his bailleis, for whome he sal be haldin to ansuer, 
oure Justiceis in that pairt within oure said cousigne his haill boundis of the 
erledome of Menteithe, to the effect vnderwreittin, giveand, grantand and 
committand vnto thame oure full power- and commissioun, expres bidding 
and charge, to pas, searche, seik, tak and committ to waird all and sindrie 
persones inhabitantis within the saidis boundis, being oure said cousigne his 
awne rernoueabill tennentis, who are suspect and dilait of the crymes abone 
wreittin, or ony of thame, quhaireuir thay may be apprehendit, and to putt, 
hold, keepe and deteene thame in sure firmance and captiuitie, ay and quhill 
justice be ministratt vpoun thame, conforme to the lawis of oure realme ; 
and for this effect justice courtis, ane or mae, within the boundis abone 
specifeit, to sett, begin, affix, hold and contenow, suittis to mak be callit, 
absentis to amerchiat, vnlawis, amerchiamentis and escheittis of the saidis 
courtis to ask, lift and rais, and for the same, gif neid beis, to poynd and 
distrenzie, and in the same courte or courtis the saidis remoueabill tennentis 
to call be dittay, to accuse, and thame to the knawledge of ane assyse to putt, 
and as thay sail be fund to be culpable or innocent of the saidis crymes, to 
caus justice be ministratt vpoun thame for the same, conforme to the lawis 
of our realme, assyssis neidfull for this effect, ilk persone vnder the paine of 
fourtie pundis, to summond, warne, cheese, elect and caus be sworne, clarkis, 
seriandis, dempstaris, and all vtheris officiaris and memberis of courte* neid- 
full to mak, creat, substitute and ordane, for whome our said justice salbe 



320 MENTEITH CHARTERS. [1621. 



haldiu to ansuer ; the escheatis of the persones who salbe convict and execute 
to the deade, or who sal become in will or be fugitiue for the saidis crymeis, 
to intromett with and vplift, and for the same, gif neid beis, to poynd and 
distrenzie, the ane halff thairof to oure vse to imbring, and compt thairof in 
oure exchekker to mak, and the vther halff to oure said justice his awne 
vse, for his lawbouris, to apply ; and generallie all and sindrie other thingis 
to do, exerce and vse quhilkis for executioun of this oure commissioun are 
requisite and necessair, ferme and stable halding and for to hald all and 
quhatsumeuir thing salbe laughfullie done heirin ; chargeing heirfoir yow, 
oure leigeis and subiectis, to reuerence, acknawledge and obey, concure, 
fortifie and assist oure saidis justiceis in all thingis tending to the executioun 
of this our commissioun, as ye and ilk ane of yow will ansuer vpoun your 
obedyence at your heighest charge and perrell, and this oure commissioun for 
the speace of ane yeir allanerlie, but reuocatioun, to indure. Givin vnder oure 
signet at Edinburgh, the fyftene day Februair, and of oure regnnis the 
auchtene and fiftie four yeiris, 1621. 

George Hay. Al. Cancell 8 - 

S. G. Murray. Melros. 

Ejlsayth. Lauderdaill. 

[Indorsed:] Apud Edinburgh, decimo quinto February 1621. 

Red, past, and allowit in Counsell. J. Prymrois. 

72. Eesignation by Adam Bishop of Dunblane, in favour of William 
Earl of Menteith, of the Patronage of the Church of Aberfoyle. — 
17th September 1622. 

Be it kend till all men be thir present lettres, ws, Adame bischop of Dum- 
blane, Forsamekle as we, having deiplie considderit the great necessitie 



1622.] PATRONAGE OF CHURCH OF ABERFOYLE. 321 



quhilk that desolat congregatioun of Aberfule presentlie hes of ane pastor, 
qukair neuer in no manis memorie leving thair wes ony resident minister to 
preatche the word of God, nor minister his holie sacramentis, quhairthrow 
the maist pairt of the paroschinneris thairof remanes in great blindnes and 
ignorance ; and seing now the richt noble erle, William Erie of Monteathe, 
Lord Kilbryd and Kilpimt, heretour of the said haill parochin of Aberfule, 
for the weill of the saules of his awin people, vassellis, tennentis, and vtheris 
parochineris, is content, of his awin frie motive will, and out of his awin 
present rent, to provyde ane competent stipend to ane minister for serving 
the cure at the said kirk of Aberfule in all tyme curning, and to niak the 
glebe and manse voyde and red of the present possessoris thairof, and to that 
effect hes, at the dait of thir presentis, be contract and appointment, 
obleist him and his airis thairto, as thairin is at lenth contenit : Thairfoir, 
in recompence to the said noble erle, and for his farder incurradgment in this 
godlie and religious work, witt ye ws, for the caussis foirsaidis, and diuers 
vtheris wechtie cawssis and consideratiounis moving ws thairto, to haue 
dissolved, lykas we be thir presentis dissolves, in all tyme cuming, fra oure 
said bischoprick of Dumblane, the patronage of the said kirk of Abirfule, 
personage and viccarage thairof, that the same and richt thairof may be 
establisched for euer be the lawis of this realme, in the persone of the said 
William Erie of Monteathe, his airis maill and successoris, and thairfore hes 
maid, constitute and ordanit, and be the tennour herof makis, constitutis and 
ordanes and ilk ane of thaim, coniunctlie 

and seuerallie, oure verie lauchfull, vndoubtit and irrevocabill procuratouris 
actouris, factouris, erand beraris and speciall messingeris to the effect vnder- 
writtin, geveand, granttand and committand to thaim and ilk ane of thaim, 
coniunctlie and seuerallie, as said is, oure full, frie, plane power, general! and 
speciall command, expres bidding and charge, for us and in our name, to 

2 S 



322 



MENTEITH CHARTERS. 



[1622. 



compeir befoir oure richt heiche, michtie, and illustre prince and soverane lord, 
James, be the grace of God King of Great Britane, France and Ireland, Defender 
of the faithe, or befoir the Lordis of his hienes privie counsall of this king- 
dome of Scotland, havand power and commissioun of his hienes during his 
absence furthe of this realme, to ressaue and accept resignatioun of landis and 
vtheris within the samyn, and grant infeftmentis thairvpoun, and thair with 
all humihtie and decencie requisite, genibus fiexis, frielie, according to the 
lawis of this kingdome, to surrander and vpgiff in his Maiestie's handis, or 
his saidis commissionaris, oure immediat superiouris thairof, all and haill the 
said patronage of the said kirk of Aberfule, personage and vicarage thairof, 
in speciall favouris and for new and heritabill infeftment, to be gevin bale 
agane of the samyn to the said noble erle, his airis maill and siiccessouris 
foresaidis : Lykas we, be thir presentis, for the caussis abone writtin, frelie 
surranderis and vpgiffis fra oure said bischoprick, in all tyme cuming, all and 
haill the said patronage, personage and vicarage, of the said kirk of Aberfule, 
in speciall fauouris, and for new and heretabill infeftment, to be gevin bak 
agane of the samyn to the said noble erle, his airis maill and successouris 
foresaidis, as is befoir contenit ; actis, instrumentis and documentis thairvpoun 
to ask, lift and raise, as neid beis, and generallie all and sindrie vther thingis 
necessar and requisite in the premissis to do and vse that to the office of 
procuratorie in sic caissis of law or consuetude of this realme necessar is 
knawin to appertene, or that we mycht do thairin our selffis gif we war 
personalie present; firme and stable, etc., frelie, quyetlie, etc., but ony 
reuocatioun, etc. : And we obleis us and our successouris to iterat and renewe 
thir presentis als oft and in sic sure forme and maner as the said noble erle 
or his foresaidis sail devyse, chuse and think expedient, be the sicht and 
advyse of men of law and judgment: And for the mair securitie we ar 
content, and consent that thir presentis be insert and registrat in the bookis 



1631.] PATENT OF EARLDOM OF STRATHERNE. 323 



of Counsall and Sessioun, and that lettres and executoriallis as effeiris be 
direct heirvpoun ; and for registering heirof, constitutis 
coninnctlie and seuerallie, our lauchfull procuratouris, promittens de rato : 
In witness of the quhilk thing, writtin be Johnne Eobene, notar in Stirling, 
we haue subscryvit thir presentis with our handis at Logie, the sevintene 
day of September, the yeir of God l m vi° twenty and tua yeiris, befoir thir 
witnessis, Mr. John Bollock, Commissar of Dumblane, Thomas Cragingelt of 
that Ilk, Mr. Harye Schaw, minister at Logye, and the said John Eobene. 

Mr. Johne Eollok, witnes. Ad. B. of Dunblane. 

M. Henry Schaw, witnes. 

T. Craigingelt of y* ilk, witnes. 

Jo. Eobene, witnes. 



73. Patent under the Great Seal of King Charles the First creating William 
Eakl of Menteith Eael of Steatheene and Menteith. — Oatlands, 
31st July 1631. 1 

Caeolus, Dei gratia Magne Britannie Francie et Hibernie Eex, fideique 
Defensor, omnibus probis hominibus suis ad quos preserves litere peruen- 
erint, salutem : Sciatis quia nos amino nostro recolentes quod predilectus 
noster consanguineus et consiliarius, Willielmus comes Taichie lie 
Menteth, preses nostri secreti consilii deseruitus et retornatus existit indubi- 
tatus heres sanguinis quondam Davidis comitis de Stratherne sui proavi 
proavie patris filii legitimi quondam Eoberti Eegis secundi nostri predices- 
soris felicis memorie cuiquidem quondam Davidi comiti de Stratherne 
et heredibus suis, dictus quondam Eex Eobertus secundus ejus pater, per 

1 Eegistrum Magui Sigilli. Lib. liii. So. 4S. 



324 MENTEITH CHARTERS. [1631. 



duas diuersas cartas, vnarn earundem de data apud Edinburgum, decimo 
nono die mensis Junii et anno regni sui primo ; ac alteram earundem de 
data apud Perthum, tertio die mensis Julii dicto que anno regni sui primo, 
disposuit comitatum de Stratherne, cum omnibus annexis et pertinentiis 
ejusdem : et quamvis prefatus Willielmus comes Taicbie tanquam heres 
predictus ad predictum comitatum de Stratberne, jus bonum haberet, 
memoratus tamen comes, ex huniili respectu quern erga sacrosanctam 
nostram personam gerit per literas suas renunciationis de data vigesimo 
die mensis Januarii anno Domini millesimo sexcentesimo trigesimo, 
ac registratas in general! registro, secundo die mensis Martii proxime 
sequentis, renunciavit omne jus et titulum quern ad dictum comitatum de 
Stratberne babere potuit in fauorem nostrum et successorum nostrorum ; 
reseruatis dicto Willielmo comiti Taichie terris et baronia de Kilbryde, 
aliisque in dicta renunciatione mentionatis, cum bac expressa prouisione 
quod dicta renunciatio non sit prejudicio dicto comiti suisque predictis, de 
eorum jure et dignitate sanguinis ad ipsum tanquam heredem linee prefati 
quondam Davidis comitis de Stratherne pertinentibus, prout dicta renun- 
ciatio in se latius proportat : Et nos magnopere volentes quatenus prefatus 
Willielmus comes Taicbie, heredes sui masculi et successores in jure et 
titulo comitatus Iernie lie Stratherne gaudeant, succedant, et fruantur pre- 
dicto titulo, loco et dignitate iis debito per dictas cartas et infeofamenta per 
dictum quondam regem Eobertum secundum concessas memorato quondam 
Davidi comiti de Stratherne, ejus filio, suisque beredibus ejusdem comitatus 
de Stratherne, in quantum ad titulum, locum, et precedentiam iis tanquam 
comitibus debitum attinet; igitur ratificavimus, approbauimus, tenoreque 
presentium pro nobis et successoribus nostris ratificamus et approbamus 
prefatum titulum, honorem, dignitatem, et locum comitis prefato Willielmo 
comiti Taichie suisque predictis debitum virtute dictarum cartarum per 



1631.] PATENT OF EARLDOM OF STRATHERNE. 325 

dictum quondam regem Eobertum secundum eoncessaruni prefato quondam 
Davidi comiti de Stratherne suisque heredibus : Ac volumus et concedimus 
quod prefatus Willielmus comes Taichie heredesque sui masculi et tallie 
dicti comitatus Taichie, Comites Iernie et Taichie lie Stratherne et Menteth 
omni tempore affuturo appellentur et vocentur ; et quod gaudeant, fruantur, 
et possideant prefatum titulum et dignitatem comitum Iernie et Taichie, in 
omnibus publicis comitiis, conventibus et parliaments, omnibusque aliis 
conventionum locis, cum iisdem privileges, libertatibus, gradibus et locis 
prefato quondam Davidi comiti de Stratherne suisque heredibus per dictum 
quondam regem Eobertum secundum ejus patrem concessis, et cum pre- 
cedentia et prioritate ante quascunque alias personas factas et creatas 
comites post datam dictarum cartarum et earum alterius, omnesque alios 
qui antiquiora infeofamenta, literas patentes et documenta pro eorum titulo 
et dignitate comitatus, anteriora dictis cartis per dictum quondam regem 
Eobertum secundum predicto quondam Davidi comiti de Stratherne con- 
cessis producere nequeant. In cujus rei testimonium presentibus magnum 
sigillum nostrum apponi precepimus, apud aulam nostram de Oatlandis, 
vltimo die mensis Julii anno Domini millesimo sexcentesimo trigesimo 
primo, et anno regni nostri septimo. 

Per signaturam manu supremi Domini nostri Eegis suprascriptam, nec- 
non manibus quorundam dominorum Scaccarii Commissionariorum 
subscriptam. 



326 



CHARTERS OF THE PRIORY OF INCHMAHOME. 

74. Lettees by William Bishop of Glasgow, and Geoffrey Bishop of 
Dunkeld, permitting Walter Comyn, Earl of Menteith, to build a 
house of Augustinian Canons at Inchmahome, etc. — 1st July 1238. 

Universis Christi fidelibus hoc scripturn visuris vel audituris, Willielmus 
et Galfridus Dei gratia Glasguensis et Dunkeldensis Episcopi, eternam in 
Domino salutem : Mandatum Domini Pape in hec verba suscepimus : 
Gregorius episcopus seruus seruorum Dei, venerabilibus fratribus Glasguensi 
et Dunkeldensi episcopis salutem et apostolicam benedictionem : Venerabilis 
frater noster episcopus Dunblanensis in nostra proposuit presentia con- 
stitutus, quod cum olim ecclesia Dunblanensis per centum [decern] annos et 
amplius vacauisset, fere omnia bona ejus fuerint a personis secularibus 
occupata, et licet processu temporis fuissent in ea plures episcopi instituti, 
per simplicitatem tamen et incuriam eorundem non solum revocata non 
fuerunt taliter occupata, verum etiam reliquie que occupantium manus 
effugerunt alienate sunt fere penitus et consumpte, propter quod nullus 
ydoneus induci poterat ad onus hujusmodi assumendum, pene per decern 
annos eadem ecclesia interim pastoris solatio destituta; Cumque nos 
postmodum intellecto miserabili statu ejus, venerabilibus fratribus nostris 
Sanctiandree et Brechinensi episcopis ac tibi frater Dankeldensis provi- 
sionem ipsius duximus committendam Tu et iidem episcopi sperantes 
dictam ecclesiam per jamdictum episcopum posse de lacu miserie respirare, 
ipsum eidem ecclesie prefecistis, quam supradictus episcopus invenit adeo 
desolatam quod non repperit ubi posset caput suum in cathedrali ecclesia 



1238.] FOUNDATION OF THE PRIORY. 327 

reclinare : Nullum collegium erat ibi, sed in ipsa ecclesia discooperta 
quidam capellanus ruralis divina officia celebrabat; ipsius quoque episcopi 
redditus sunt adeo tenues et exiles quod vix per dimidium anni potest 
exinde congrue sustentari ; quia vero instantia nostra quotidiana est omnium 
ecclesiarum solicitudo continua, fraternitati vestre per apostolica scripta 
mandamus, quatenus ad eandem ecclesiam personaliter accedeutes, si rem 
inveneritis ita esse, quartam partem decimarum omnium ecclesiarum par- 
ochialium Dunblanensis diocesis faciatis, si absque gravi scandalo fieri 
poterit, prefato episcopo assignari, ut ipse de vestro et bonorum virorum 
consilio, reservata sibi de ipsis pro sustentatione sua congrua portione, 
decano et canonicis quos ibidem per vos institui voluimus et mandamus, 
assignet ; alioquin assignata ipsi episcopo quarta decimarum omnium 
ecclesiarum ejusdem diocesis que a personis secularibus detinentur, sedem 
episcopalem ad monasterium sancti Joannis canonicorum regularium pre- 
dicte diocesis transferatis, eligendi episcopos cum ecclesia ipsa vacaverit 
canonicis ipsis imposterum potestate concessa; contradictores si qui fuerint 
et rebelles per censuram ecclesiasticam, appellatione postposita, compescendo : 
Datum Viterbii tertio idus Junii pontificatus nostri anno undecimo. Hujus 
igitur auctoritate mandati, cum tam dictus episcopus Dunblanensis quam 
Valterus Cumyng comes de Menteth in nostra presentia essent constituti, 
post altercationes, ordinationi nostre se subjecerunt super omnibus conten- 
tionibus et querelis inter ipsos motis, vel que aliquo tempore poterint super 
infrascriptis moveri, et super reformatione status ecclesie Dunblanensis, nos 
habito vero virorum prudentium consilio, in hunc modum inter eos ordina- 
vimus, videlicet, Quod dictus episcopus Dunblanensis nomine ecclesie sue, 
pro se et successoribus suis omnibus renunciet onini juri quod episcopi vel 
antecessores sui nomine ecclesie Dunblanensis habuerunt, vel habere potuerunt 
vel poterint in terris vel denariis receptis de terris, et in canis omnibus 



328 



CHARTERS OF INCHMAHOME. 



[1238. 



ecclesie, et denariis annuatim ab ecclesiis comitatus de Menteth, in quibus 
dictus comes jus obtinet patronatus nomine pensionis, perceptis, ut dicebat 
dictus episcopus, et omnibus querelis, exactionibus, vel demandis inter eos 
motis, vel que aliquo tempore ab ipso vel antecessoribus suis contra dictum 
comitem vel antecessores suos moveri poterant vel poterunt supra predictis : 
Ordinavimus etiam quod licitum sit dicto comiti et successoribus suis, 
domum virorum religiosorum ordinis Sancti Augustini in insula de Inck- 
maqubomok construere, sine impedimento vel contradictione dicti episcopi 
vel successorum suorum : Assignavimus etiam ex collatione dicti comitis, et 
de voluntate et assensu dicti episcopi, in puram et perpetuam elimosinam 
illis viris religiosis in dicta insula Deo servientibus, ecclesias de Lanyn et de 
dicta insula, cum omnibus libertatibus et aisiamentis ad dictas ecclesias 
pertinentibus, salvis episcopalibus dicto episcopo et successoribus suis ; et 
sciendum est quod non licebit dicto episcopo vel successoribus suis in dictis 
duabus ecclesiis perpetuos vicarios facere, sed bonesti capellani episcopo 
presententur, qui ipsi de cura animarum et de spiritualibus et episcopalibus 
respondeant : Ordinavimus insuper ut dictus comes, pro se et successoribus 
suis, concedat et assignet ecclesiam de Kippen ad perpetuum canonicatum in 
ecclesia Dunblanensi, salvo sibi et successoribus suis omnibus in perpetuum 
jure presentandi ad dictum canonicatum, quotiescunque vacare contigerit; 
ordinavimus similiter ut idem comes, pro se et successoribus suis, cedat 
eidem episcopo et successoribus suis, quicquid juris babuit in ecclesia de 
Callendar. Ut autem bee ordinatio nostra rata et inconcussa permaneat, 
huic scripto sigilla nostra unacum sigillo dicti episcopi Dunblanensis 
apposuhnus, bis testibus existentibus in consilio, apud Perth, anno gracie 
millesimo ducentesimo tricesimo octavo, in octavis Sancti Joannis Baptiste, 
scilicet, G-. episcopo Aberdonensi ; de Aberbrothoc, et de Scone, et de 
Cambuskenneth, et de Inchaffray, abbatibus ; Magistro Petro de Piamsay 



1526.] ANDREW PRIOR OF INCHMAHOME. 329 



Magistro M. archidiacono Glasguensi, Magistro W. decano Glasguensi, et 
multis aliis. 1 

75. -Lease by Andrew, Prior of Inchmahome, to Andrew Stewart and 
Elizabeth Maistertoun his Wife, of the lands of Drumlanikloch. 
—16th April 1526. 2 

Be it kend till all men he thir present lettres, ws, Andro, be the permissioun 
of God prior of Inchemahomo, with full consent and assent of all our conuent 
cheptourlie gadderit, to haif sett and for maill lattin, and be thir oure present 
lettres settis and to maill lattis, to our lowit seruitour Andro Stewart and 
Elezabetht Maistertoun his spons, and to the langer levar of thaim twa, and 
to thair executouris and assignais, sua thai be of na greter reputacioun nor 
degre na thaim self, and thair subtenentis ane or maa, all and sindry oure 
landis of Drumlanniklocht, togidder with twenty schillyngis wortht of oure 
landis of Arniclerycht, with thare pertinence, liande within our barony of 
Cardross and sherefclome of Pertht, for all the dais and termes of nyntene 
yeris, fullely to be compleit and all togidder outrovne, nixt and immediat 
folowand the dait of thir present lettres ; the entra of the saiclis Andro and 

1 In an old paper, entitled "Ane Inventor scriptive on the Priory of Inelimahome," 4to, 

of sum of my vrettis quhieli doth ly in ane Edinburgh, 1S15, the author, Mr. W. Mac- 

ohartour lust within the He of Uantullo," gregor Stirling, states that he had obtained 

partly holograph of William, seventh Earl of the document of 1238 through the late Mr. 

Menteith, and signed by him, dated about Thomas Thomson, Deputy-Clerk-llegister of 

1622, the following is the first entry : — " (1.) Scotland ; but the original writ cannot now 

Item, ane apointment betuix Waltor Cum- be traced either in the General Register 

ing, Erie of Monteith, and the bishops of House or in any other repository. The pre- 

Dunkell and Dunblane, be the direction of sent print is made from a copy in the Cartu- 

the Pope, quhair the saidEarlle giues libertie lary of Inchaffray, and a copy in Mr. Mac- 

to the churchmen to build ane abbasie within gregor Stirling's "Priory of Inchmahome." 
his Hie of Inchmahome, of the dait 123S." 

This undoubtedly refers to the writ of 1st 2 Original in H. M. General Register House, 

July 1238. In "Notes Historical and De- Edinburgh. 

2 T 



330 



CHARTERS OF INCEMAEOME. 



[1526. 



Elezabetht his spouse, thare executouris, and assignais, and subtenentis aue or 
ma, as said is, in and to the tak and assedatioun of all and sindry the forsaid 
landis of Prumlanniklockt, togidder with the twenty schillingis wortht of 
land of Arniclerycht, with thare pertinens, sal be at the fest of Vitsonday, 
nixt and immediat foloande the dait of thir presentis, and fra thin furtht till 
indur, and to be brukit, and joisit, be the saidis Andro, Elezabetht his spous, 
and the langer levare of thaim twa, coniunctlie and seueralie, thair execu- 
touris, assignais, and subtenentis ane or ma, as said is, on to the ische and full 
complet ende of the saidis nyntene yeris, as the saidis landis and maling lyis 
in lentht and breid, be all rycht merchis auld and diuisit, in housis, biggingis, 
feildis, pasturis, and lesouris, with commone pastur, fre ische and entre, and 
with all other and sindry fredomes, commoditeis, asiamentis, prophetis, and 
rychtuis pertinens thareto pertenand, or rychtuislie sal be knawin to per- 
teyne be ony maner of way in tyme to cum, frelie, quietlie, weill, and in 
pace, but ony impediment, obstacle, or reuocatioun quhatsumeuir : The saydis 
Andro and Elezabetht his spous, and the langer levare of thaim twa, con- 
iunctlie and seueralie, and thare executouris and assignais, and subtenentis 
ane or ma, as saidis is, payand herfor yerlie ilk yer, of mail to ws and oure 
successouris, factouris, and intromittouris, the sovme of fyfty schillingis gud 
and vsuall mony of Scotland, at twa vsuall termes in the yer, videlicet, 
Vitsonday and Mertimes in wynter, be equal portionis, with auriagis, cariagis, 
and all other deviteis and dewseruice audit and wonth for all oder chargis 
heirof quhatsumeuer : Ande we forsutht the said Andro, prior, and our 
conuent and our successouris, the said tak and assedatioun of all and sindry 
the saidis landis of Drumlanniklocht, togiddir with the twenty schillingis 
land of Arniclerycht, with thare pertinens, for all and sindry the dais and 
termes of nyntene yeris, to the saidis Andro Stewart, Elezabetht Maistertoun 
his spous, and to the langer levare of thaim twa, coniunctlie and severalie, 






1548.] DISCHARGE BY MARY QUEEN OF SCOTS. 331 



thare executouris and assignais, swa that thai be of na gretter degre nor 
reputaciouu na thareselfis, and thare subtenentis ane or ma, aganis all deidly, 
sail warrand, acquiet and defend, all fraud, gile, cauillatioun and evill ingyne 
remowit and excludit : In witnes of the quhilk thing, to thir oure present 
lettres of assedatioun we haif affixit and hungyn the commone sele of oure 
eheptour, togidder with the subscriptionis of oure handis, at Inchemahomo, 
the sextene day of the monetht of April, in the yere of Gode ane thousand 
fife hundretht tueuty and sex yeris, befor thir vitnes, Georgis Stewart, Johne 
Nicholsoune, Watte Yonge, Patrik Moresoune, and Johne Pangye, with oderis 
diuerse, etc. 

Andrew Prior of Inchemahomo. Dene James Thomsoun, ad idem. 

Dene James Bad, sub-prior ad idem. Dene Thomas Makclellane. 

Dene Johne Hutoun, ad idem. Dene Adam Cristeson. 

Dene Duncane Pryngyll. Dene Jamis Bradfut. 

Dene Jhon Yongman. Dene Jhone Mont. 1 

Dene Adam Peblis, ad idem. 

76. Discharge by Queen Mary and by the Earl of Arran, her Tutor 
and Governor, and the Lords of the Privy Cocncil, to John Lord 
Erskine and Alexander Lord Livingstone, guardians of her person. 
— Lethington, 20th July [1548]. 2 

Marie, be the grace of God, Quene of Scottis, to all and sindry oure legis 
and subiectis and wtherris to quhome thir our present letteris sail to cum, 
greting : Forsamekill as in oure Perliament haldin in oure abbay of Hading- 
tone, the sevyn day of the monetht of Julii instant, it wos be the Quenis 
grace, oure derrest moder, our traist and derrest cusing, James Erie of 

1 The seal is still attached, though a portion 2 Original Discharge in Lord Elphinstone's 

of it has beeu broken off. Charter-chest. 



332 CHARTERS OF INGHMAEOME. [1548. 

Arraue, Lord Hammiltoun, etc., oure tutour, protectour and gouemour of 
oure realme, and the thre estatis of the saniyn, awisit, ordinit, consentit, 
appoyntit, and concludit oure mariage to be contractit with the Dolphyne of 
France, as is at lentht contenit in the acte maid thairvpone ; and sic lik our 
said derrest moder, our tutour and governour foirsaid, and Lordis of our 
Counsall, hes thocht expedient and necessar that we be transportit to our 
derrest broder the niaist Cristiane King of France, and to remane with hym 
in his realme quhair he thinkis expedient; and als knawing and vnderstanding 
the leile, trew, anefald, and deligent seruice done to ws in all tymes bigane 
be oure cusingis and counsalouris Jhone Lord Erskyne and Alexander Lord 
Lewingstoun, specialie in the faithfull keping of oure persone, hes dewisit 
and ordinit thame to depart furtht of oure Castell of Dunbritane, and pass 
with ws to the partis of France. And albeid att oure saidis cusingis, Jhone 
Lord Erskyne and Alexander Lord Levingstoun, wer off befoir, in the 
monetht of September last bypast, sone eftir the feild of Pynkyne Clewiche, 
quhen we wer transportit furtht of oure Castell of Streviling to the lie of 
Inchemaquhoruo be our said derrest moder, oure tutour and gouemour and 
Lordis of our Counsall beyng than in the said He, dischargit and exonerit of 
all forder keping of ws, and of the actis and ordinance maid thairvpone of 
befoir for the evident perrell than apperand, and wther necessar causis 
considerit be thame, quhilk discharge we, oure said derrest moder, tutour and 
gouernour, and Lordis foirsaid, ratifeis and approvis be thir presentis ; and 
als nochtwithstanding that oure said cusingis hes maid gud, trew, and 
faythtful seruice in the diligent keping of oure persone sen the said discharge 
vnto this day : Heirfor, and for wther ressonabill causis and considerationis 
moving ws, our said derrest moder, tutour and gouernour, and Lordis 
foirsaid, witht consent, assent, awys and auctorite of thame, be the tenour of 
thir our letteris, exoneris and dischargis oure saidis cusingis of all obliga- 



1548.] 



JOHN ERSKINE, PRIOR OF INCHMAHOME. 



333 



tionis, actis, contractus and ordinance quhatsumewir, quhairthrow that thai 
or ather of thame wer bund and oblist ony maner of way to haife kepitt ws, 
and of all maner of actioun that may fallow thairvpone, or be imput to 
thame or ather of thame, thair airis or successouris thairthrow ; and for the 
rnair securite of our saidis cusingis, commandis and ordinis thir oure letteris 
to be registrat in oure bukis of Counsall, and discernis that thai sail haife 
the effect and strentht of act and decreit of the sam. Gevin vnder oure 
prevay sele, and subscrivit be our said derrest moder, tutoure and gouernour, 
and Lordis of our Counsall foirsaidis, at Lethingtoun, the tuenty day of 
Julii, and of our regnne the sext zeir, etc. 



Jhone, Bischop of Dunkeld. 
William, Bischop of Aberdeen. 
Patrick, Bischop of Moraye, 

etc. 
Jhone, Biscop of Brechin. 
George, Bishop of Orknay. 
D. de Cupro. 



James G. 
Ard. of Angus. 
A. Erl of Ergyle. 
M . . . ell Boss. 
George, Oommen- 

dator of Dun- 

fermlvn. 



George L. Home. 
Henry Lord Methuen. 
William Lord Ruth- 

uin, prewe seill. 
Jhon L. Borthwick. 
Dunkeld, thesaurarius. 



77. Lease by John, Commendator and the Convent of Inchmahome, to 
Alexander Mentetht in Polrnonthtmyln and his Sons, of the lands 
of Lochend, in the shire of Perth. — 29th July 1548. l 

Be it kend till all men be thir present lettres, vs, Johne Commendatour of 
Inchmahomo and convent of the samyn, cheptourlie gaderit, our vtilite and 
proffnt befoir seine, to haue set and in assedatioun lattin, and be thir 
presentis settis and in assedatioun lattis, to our louittis Alexander Mentetht 
in Polrnonthtmyln, Villiame Mentetht, Henry Mentetht, Archbald Mentetht, 
1 Original Lease in Cardross Charter-chest. 



334 CHARTERS OF INCHMAHOME. [1548. 



and Alexander Mentetht, his sonnis, the langer lewar of thame, thair aris, 
assignais, and subtenentis, ane or ma respectiue, all and hale our landis and 
steding callit the Lochende, extending to fourty schilling wortht in our 
rentale of land of aid extent, quhilk the said Alexander presentlie lies of vs 
and occupiis be his subtenent Lucas Keir, lyand in our lordschip of Cardross, 
within the scherefdome of Pertht, for all the dais, space, and termes of nyntein 
yeris nixt and immediatlie to be compleit eftir the said Alexander and per- 
sonis foresaidis enteres heirto, quhilk salbe at the day of the dait of thir 
presentis, and fra thynefurtht to be peciablie breukit, set, vsit, or disponit be 
the said Alexander and personis foirsadis, thair aris or assignais respectiue, 
as said is, vnto the compleit end of the said nynteine yeris, with houssis, 
bigingis, yardis, toftis, croftis, infeildis, outfeildis, mvris, mossis, medois, petis, 
and turvis, commouu pastuir, fre ische and entray, and with all and sindrie 
otheris fredomes, asiamentis, proffltis, and commoditeis pertenin to the said 
sted and landis, or that rychtuislie ma pertene ony maner of way, and witht 
power to input and output subtenentis and laboraris vndir thaim, ane or ma, 
als oft as thai sail think expedient and proffitable, frelie, quietlie, wele, and 
in pace, but ony obstakle or impedyment quhatsumeuir : Payand heirfoir 
yeirlie, the said Alexander Mentetht, Villiame, Henry, Archibald, and 
Alexander, his sonnis, thair aris, assignais, or subtenentis, ane or ma respec- 
tiue, during the said space of nyntene yeris, to vs, our successouris or 
chamerlanis for the tyme, the sovim of fourty-thre schillings and four penneis 
-vsuall mony of Scotland, at tua vsuall termes in the yeir, Witsonday and 
Mertymes in wintir, be evinlie portiones allanerlie, with areage, careage, 
and doseruice vsit and wont, sic as the said Alexander and his subtennents 
hes pait in tymes bipast alanerlie, for all other doseruice, exactioun, ques- 
tioun, or demand that ma be askit of the saidis landis during the said space 
ony maner of way ; and we forsutht, the saidis Cormnendatour and convent, 



1555.] DAVID ERSKINE MADE PRIOR. 335 

bindis and oblis vs and our successouris this present tak and assedatioun in 
all pointis, as is abone writin, to the saidis Alexander Mentetht, William, 
Henry, Archbald, and Alexander, his sonuis, thair aris, assignais, or sub- 
tenentis, ane or ma respectiue, during the said space of nynteine yeris, aganis 
all deidlie sail varrand, acquiet, and defend : In witnes heirof to thir our 
present lettres of assedatioun, subscriuit witht our awin handis, our commoun 
sele is to hungin at Inchmahomo, the xxix day of Julij, the yeir of God 
j m v° fowrty and aucht yeris. 

Jhone Commendatour of Inchmahomo. 

Dene James Bbadfut, sub-prior. 

Dene Jhone Huten, ad idem. 

Dene James Bad, ad idem. 

Dene Johen Yongae, ad idem. 

Dene Adam Peblis, ad idem. 

Dene Thomas M'Lellen, ad idem. 

Dene Adam Ckistesone, ad idem. 

Dene Jhonne Mont, ad idem. 

78. Bull by Pope Paul Fourth conferring the Priory of Inchmahome upon 
David Erskine. — 10th January 1555. 1 

Paulus Episcopus, seruus seruorum Dei, venerabilibus fratribus Feltrensi 
et Orchadensi ac Dumblanensi Episcopis, salutem et apostolicam benedic- 
tionem : Vite ac morum honestas aliaque laudabilia probitatis et virtutum 
merita, super quibus dilectus films Dauid Erskin, clericus Sanctiandree 
diocesis, apud nos fidedigno commendatur testimonio, nos inducunt vt ilia 
sibi fauorabiliter concedamus que suis commoditatibus fore conspicimus 
1 Original in the Charter-ehest of the Earl of Mar and Kellie. 



336 



CHARTERS OF INCHMAHOME. 



[1555. 



opportuna : Cum itaque prioratus monasterii. per priorem gubernari soliti, 
insule Sancti Colmocii de Inchmahomo, ordinis Sancti Augustini, cauoni- 
corum regularium Dumblanensis diocesis, quem dilectus filius Johannes 
Erskin clericus ex concessione seu dispensatione apostolica, in commendam 
ad vitam nuper obtinebat, commenda huiusniodi, ex eo quod dictus Johannes 
illi hodie per dilectum filium Joannem Eow, clericum dicte Dumblanensis 
diocesis, procuratorem suura ad hoc ab eo specialiter constitution, in manibus 
nostris sponte et libere cessit, nosque cessionem ipsam duximus admit- 
tendam, cessante, adhuc eo quo ante illam vacabat modo, vacauerit et vacet 
ad presens : Nos eidem Dauidi, asserenti dudum secum, vt non obstante 
defectu natalium quem patitur ex soluto de nobili genere procreato genitus 
et soluta, clericali caractere insigniri et ad omnes etiam sacros et presby- 
teratus ordines promoueri posset, apostolica auctoritate dispensatum, ac se 
dispensationis huiusmodi vigore dicto caractere rite insignitum fuisse, vt 
commodius sustentari valeat de alicuius subuentionis auxilio prouidere ; ac 
premissorum meritorum suorum intuitu, consideratione etiam charissime in 
Christo filie nostre, Marie Scotorum Eegine illustris, nobis super hoc per 
suas litteras humiliter supplicantis gratiam facere specialem, eumque a 
quibusuis excommunicationis, suspensionis et interdicti, aliisque ecclesiasticis 
sententiis, censuris et penis, a iure vel ab homine, quauis occasione vel 
causa latis, si quibus quomodolibet innodatus existit, ad eff'ectum presentium 
dumtaxat consequendum, harum serie absoluentes et absolutum fore cen- 
sentes : Necnon verum et vltimum eiusdem Prioratus vacationis modum, 
etiam si ex illo queuis generalis reseruatio etiam in corpore iuris clausa 
resultet, presentibus pro expresso habentes : Fraternitati vestre per apostolica 
scripta mandamus, quatenus vos, vel duo aut vnus vestrum, per vos vel 
alium seu alios, Prioratum predictum, cuius ac illi forsan annexorum fructus, 
redditus et prouentus, super quibus certa pensio annua illorum medietatem 



1555.] DAVID ERSKINE MADE PRIOR. 337 



constituens dilecto filio Andree Ballou ipsius monasterii canonico illam 
annuatim percipienti, dicta auctoritate, vt ipse Dauid etiani asserit, 
reseruata existit, octuaginta librarum sterlingoruni secundum comniunem 
extiniationem valorem annuum, vt idem Dauid similiter asserit, nou 
excedunt, — quouismodo et ex cuiuscunque persona, seu per liberam resigna- 
tionem cuiusuis de illo extra Eomanam Curiam etiam coram notario publico 
et testibus sponte factam, aut constitutionem felicis recordations Johannis 
Pape xxii. predecessoris nostri que incipit Execrabilis, vel assecutionem 
alterius beneficii ecclesiastici ordinaria auctoritate collati, vacet ; etiam si 
tanto tempore vacauerit quod eius collatio iuxta Lateranensis statuta [con- 
silii ad sedem] 1 apostolicam legitime deuoluta, ipseque Prioratus dispensa- 
tion! apostolice specialiter vel ex eo quia conuentualis est vt prefertur 
generaliter reseruatus existat, et ad ilium consueuerit quis per electionem 
assumi eique cura etiam iurisdictionalis immineat animarum, super eo quo- 
que inter aliquos lis, cuius statum presentibus haberi volumus pro expresso, 
pendeat indecisa, dummodo tempore date presentium non sit in eo alicui 
specialiter his quesitum ; cum annexis huiusmodi ac omnibus iuribus et 
pertinentiis suis, prefato Dauidi per eum quoad vixerit, etiam vnacum omnibus 
et singulis compatibilibus beneficiis ecclesiasticis que in titulum et commen- 
dam ac alias obtinere, necnon pensionibus annuis super quibusuis fructibus 
redditibus et prouentibus ecclesiasticis sibi assignandis, quas percipere ilium 
in futurum ex quibusuis concessionibus et dispensationibus apostolicis 
contigerit, tenendum, regendum et gubernandum ; ita quod liceat sibi, debitis 
et consuetis ipsius Prioratus supportatis oneribus, de residuis illius fructibus 
redditibus et prouentibus disponere et ordinare, sicut ilium in titulum pro 
tempore obtinentes de illis disponere et ordinare potuerunt seu etiam 

1 The Original is injured here and in other this Bull as quoted in the Instrument of Pro- 
places : the blanks have been supplied from cess following, No. 81, infra. 

2 U 



■ 338 



CHARTERS OF INCHMAHOME. 



[1555. 



debuerunt, alienatione tamen quorumcunque illius bonorum immobilium et 
preciosorum mobilium sibi penitus interdicta, commendare auctoritate nostra 
curetis; inducentes eum, recepto prius ab eo nostro etEomane ecclesie nomine 
fidelitatis. debite solito iuramento, inxta formam quam sub bulla nostra 
mittimus introclusam, vel procuratorem suum eius nomine, in corporalem 
possessionem Prioratus et annexorum, iuriumque et pertinentiarum predic- 
torum, et defendentes inductum amoto exinde quolibet illicito deteutore ; 
ac facientes Dauidem vel pro eo procuratorem predictum ad Prioratum 
buiusmodi vt est moris admitti; sibique de illius ac dictorum annexorum 
fructibus, redditibus, prouentibus, iuribus et obuentionibus vniuersis, integre 
responderi ; contradictores eadem auctoritate nostra appellatione post- 
posita compescendo : IS on obstantibus pie memorie Bonifacii pape VIII. 
etiam predecessoris nostri et aliis apostolicis constitutionibus, ac monas- 
terii et ordinis premissorum iuramento, confirmatione apostolica vel 
quauis firmitate alia roboratis, statutis et consuetudinibus contrariis quibus- 
cunque : Aut si aliqui super prouisionibus seu commendis sibi faciendis de 
Prioratibus huiusmodi speciales, vel aliis beneficiis ecclesiasticis in illis parti- 
bus generales dicte sedis vel Legatorum eius litteras impetrarint, etiam si 
per eas ad inbibitionem, reseruationem et decretum, vel alias quomodolibet 
sit processum, quibus omnibus dictum Dauidem in assecutione dicti Prioratus 
volumus anteferri, sed nullum per hoc eis quoad assecutionem Prioratuum 
aut beneficiorum aliorum preindicium generari : Seu si pro tempore existenti 
Episcopo Dumblanensi et dilectis filiis conuentui dicti monasterii vel qui- 
busuis aliis, communiter vel diuisim, ab eadem sit sede indultum, quod ad 
receptionem vel prouisionem alicuius minime teneantur, et ad id compelli 
aut quod interdici, suspendi vel excommunicari non possint: Quodque de 
Prioratibus huiusmodi, vel aliis beneficiis ecclesiasticis, ad eorum collationem, 
prouisionem, presentationem, electionem, seu quamuis aliam dispositionem 



1556.] OFFICIAL OATH OF DAVID EESKIKE. 339 

coniunctim vel separatim spectantibus, nulli valeat prouideri seu commenda 
fieri, per litteras apostolicas non facientes plenam et expressam ac de verbo 
ad verbum de indulto huiusmodi mentionem, et qnalibet alia dicte sedis 
indulgentia generali vel speciali cuiuscunque tenoris existat, per quam pre- 
sentibus non expressam vel totaliter non insertam effectus huiusmodi gracie 
impediri valeat quomodolibet vel differri ; et de qua cuiusque toto tenore 
habenda sit in nostris litteris mentio specialis : Nos enim cum eodem Dauide 
vt Prioratum predictum, si sibi vigore presentium commendetur, recipere et 
in huiusmodi commendam quoad uixerit vt prefertur retinere libere et licite 
valeat, defectu preniisso ac Pictauensis Concilii et quibusuis aliis con- 
stitutionibus et ordinationibus apostolicis, necnon statutis et consuetudinibus 
prefatis vt prefertur roboratis, ceterisque eontrariis nequaquam obstantibus, 
eadem auctoritate apostolica tenore presentium de specialis dono gratie 
dispensamus : Prouiso quod ipse Prioratus debitis propterea non fraudetur 
obsequiis, et animarum cura in eo si qua illi immineat nullatenus negligatur, 
sed eius cougrue snpportentur onera antedicta : Et insuper exnunc irritum 
decernimus et inane si secus super hiis a quoquam quauis auctoritate scienter 
vel ignoranter contigerit attemptari. Datum Eome, apud Sanctum Petrum, 
anno Incarnationis Dominice millesimo quingentesimo quinquagesimo quinto, 
quarto Idas Januarii, pontificatus nostri anno prima 

79. Form of Oath to be taken by David Erskine as Prior of the Monastery 

of Inchmahome. 1 — [1556.] 

Forma iuramenti. 
Ego, Dauid Erskin, perpetuus coinmendatarius Prioratus monasterii per 
Priorem gubernari soliti, Insule Sancti Colmocii de Inchmahomo, ordinis 

1 Original in the Charter-chest of the Earl of Mar and Kellie. 



340 



CHARTERS OF INGHMAHOME. 



[1556. 



Sancti Augustini, Canonicorum regularium Dumblanensis diocesis, ab hac 
hora inantea fidelis et obediens ero Beato Petro sancteque apostolice Eomane 
ecclesie, et domino nostra domino Paulo Pape ni[l.] suisque successoribus 
canonice intrantibus ; non ero in consilio, consensu, tractatu vel facto, vt vitam 
aut membrum perdant ; seu quod contra alicuius eorum personam, vel in 
ipsorum aut ecclesie eiusdem siue sedis apostolice, auctoritatis, honoris, 
priuilegiorum, iurium vel apostolicorum statutorum, ordinationum, reserua- 
tionum, dispensationum, seu mandatorum derogationem, vel preiudicium, 
machinationes aut conspirationes riant : Et sic ac quotiens aliquos horum 
tractari sciuero, id pro posse ne fiat impediam, et quanto citius commode 
potero, eidem domino nostra vel alteri per quem ad ipsius noticiam peruenire 
possit, significabo : Consilium vera quod michi per se aut nuntios seu literas 
credituri sunt, ad eorum damnum me sciente, nemini pandam : Papatum 
Eomanum et regalia Sancti Petri ad retinendum et defendendum contra 
omnem hominem adiutor eis ero auctoritatem, honorem, priuilegia ac iura 
quantum in me fuerit potius adaugere et promouere, statuta, ordinationes, 
dispensationes et mandata huiusmodi obseruare ac eis intendere curabo : 
Legatos sedis eiusdem honorifice tractabo, et in suis necessitatibus adiuuabo: 
Hereticos, scismaticos, et qui alicui ex domino nostra successoribusque prefatis 
rebelles fuerint, pro viribus, persequar et impugaabo : Possessiones vera ad 
prioratum huiusmodi pertinentes nou vendam, neque donabo neque impig- 
norabo, nee de nouo infeudabo, vel aliquo modo alienabo, etiam cum consensu 
conuentus dicti monasterii, inconsulto Romano Pontifice. Sic me Deus 
adiuuet et hec sancta Dei euangelia. 






1556.] DAVID ERSKINE, PRIOR. 341 



80. Bull of Pope Paul Fourth, permitting David Erskine to hold in 
commendam the Monastery of Dryburgh, while retaining his office of 
Prior of Inchmahome. — 17th July 1556. 1 

Paulus Episcopus, seruus seruorum Dei, dilecto filio Dauidi Erskin, clerico 
Sancte Andree diocesis, salutem et apostolicam benedictionem : Eomani 
Pontificis prouidentia circumspecta, ecclesiis et monasteriis singulis, que 
vacationis incommoda deplorare noscuntur, vt gubernatorum vtilium fulci- 
antur presidio prospicit diligenter ; ac personis ecclesiasticis quibuslibet, vt 
in suis opportunitatibus congruum suscipiant releuamen de subuentionis 
auxilio, prout decens est, prouidet opportuno : Sane monasterio Beate Marie 
Virginis de Dryburgh, Premonstratensis ordinis, Sanctiandree diocesis, quod 
dilectus filius Johannes Erskin clericus, ex concessione et seu dispensatione 
apostolica, in commendam nuper obtinebat, commenda huiusmodi, ex eo quod 
dictus Johannes illi hodie in manibus nostris sponte et libere cessit, nosque 
cessionem ipsam duximus admittendam, cessante, adhuc eo quo ante illam 
vacabat modo vacante : Nos verum et vltimum dicti monasterii vacationis 
modum, etiam si ex illo queuis generalis reseruatio etiam in corpore 
iuris clausa resultet, presentibus pro expresso habentes ; ac tarn eidem 
monasterio de gubernatore vtili et. idoneo per quern circumspecte regi 
et salubriter dirigi possit, quam tibi in vigesimo quarto vel circa tue 
etatis anno constituto, pro quo charissima in Christo filia nostra Maria 
Scotorum P L egina Illustris per suas literas nobis super hoc humiliter sup- 
plicauit, vt conmioclius sustentari valeas de alicuius subuentionis auxilio 
prouidere volentes, monasterium predictum sic vacans cum omnibus iuribus 
et pertinentiis suis tibi, per te quoad uixeris, etiam vnacum prioratu 
conuentuali Sancti Colmocii de Inchmahomo, ordinis Sancti Augustini, 

1 Original in the Charter-chest of the Earl of Mar and Kellie. 



342 



CHARTERS OF INCHMAHOME. 



[1556. 



Dumblanensis diocesis, ad quern consueuit quis per electionem assumi 
cuique cura imminet animarum, ac quem ex concessione et sen dis- 
pensatione apostolica in eommendam inter alia, ac omnibus et singulis 
aliis beneficiis ecclesiasticis compatibilibus, secularibus et quorumuis ordinum 
regularibus, que ex quibusuis aliis concessionibus et dispensationibus 
apostolicis, in titulum et etiam eommendam ac alias obtines et imposterum 
obtinebis ; necnon pensionibus annuis tibi super quibusuis fructibus, redditi- 
bus, et prouentibus ecclesiasticis assignatis et assignandis, quas ex similibus 
dispensationibus percipis et percipies in futurum, tenendum, regendum et 
gubernandum de fratrum nostrorum consilio, apostolica auctoritate commen- 
damus : Curam, regimen et administrationem ipsius monasterii, super cuius 
mense abbatialis fructibus, redditibus et prouentibus, pensio annua sexaginta 
septem librarum sterlingorum, centum et sexaginta septem ducatos auri de 
camera cum dimidio alterius similis ducati constituentium, certe persone 
ecclesiastice illam annuatim percipienti dicta auctoritate reseruata existit, 
tibi in spiritualibus et temporalibus plenarie committendo : firma spe fiducia- 
que conceptis, quod dirigente Domino actus tuos, prefatum monasterium per 
tue diligentie laudabile studium regetur vtiliter et prospere dirigetur, ac grata 
in eisdem spiritualibus et temporalibus suscipiet incrementa : Volumus autem 
quod propter huiusmodi eommendam in dicto monasterio diuinus cultus, ac 
solitus canonicorum et ministrorum numerus nullatenus minuatur, sed eius 
ac dilectorum filiorum illius conuentus congrue supportentur onera consueta : 
Quodque tu, oneribus huiusmodi debite supportatis, necnon quarta si abba- 
tialis separata et seorsum a conuentuali, si vero communis inibi mensa fuerit, 
tertia parte omnium et singulorum fructuum, reddituum et prouentuum 
prefati monasterii, in restaurationem illius fabrice aut ornamentorum 
emptionem vel fulcimentum, seu pauperum alimoniam, prout maior exegerit 
et suaserit necessitas, omnibus et singulis aliis deductis oneribus annis 



1556.] DAVID ERSKINE, PRIOR. 343 



singulis impartita, de residuis fructibus, redditibus et prouentibus monasterii 
huiusmodi disponere et ordinare libere et licite valeas, sicuti eiusdem 
monasterii abbates qui pro tempore fuerunt de illis disponere et ordinare 
potuerunt seu etiam debuerunt ; alienatione tamen quorumcunque illius 
bonorum immobilium et preciosorum mobilium tibi penitus interdicta : Ac 
quod antequam regimini et administrationi prefatis te in aliquo immisceas, 
in manibus venerabilium fratrum nostrorum Arcliiepiscopi G-lasguensis et 
Episcopi Dunkeldensis ac dilecti filii ofiicialis Parisiensis, aut duorum vel 
vnius eorum, fidelitatis debite solitum prestes iuramentum, iuxta formam 
quam sub bulla nostra mittimus introclusam : Quibus et eorum cuilibet per 
alias nostras litteras mandamus vt ipsi, vel duo aut vnus eorum, a te nostro 
et Eomane ecciesie nomine huiusmodi recipiant seu recipiat iuramentum : 
Quocirca discretioni tue per apostolica scripta mandamus, quatenus curam, 
regimen et administrationem predicta sic per te vel alium seu alios gerere et 
exercere studeas solicite, fideliter et prudenter, quod monasterium ipsum 
gubernatori prouido et fructuoso administratori gaudeat se commissum ; 
tuque, preter eterne retributionis premium, nostram et apostolice sedis 
benedictionem et gratiam exinde vberius consequi merearis. Datum Eome, 
apud Sanctum Petrum, anno incarnationis Dominice millesimo quingente- 
simo quinquagesimo sexto, sexto decimo kalendas Augusti, pontificatus 
nostri anno secundo. 

SI. Instrument of Process following upon the Bull by Pope Paul Fourth 
in favour of David Erskine, of the Priory of Inchmahome. — 5th 
December 1556. 1 

Eeuerendo in Christo patri et domino, domino Dei et Apostolice sedis gracia 

Episcopo Dumblanensi pro tempore existenti, eiusque in spiritualibus et 

1 Original in the Charter-chest of the Earl of Mar and Kellie. 



344 



CHARTERS OF INCHMAHOME. 



[1556. 



temporalibus vicario seu officiali generali, omnibusque aliis et singulis 
quorum interest, intererit aut interesse, quosque infrascriptum tangit seu 
tangere poterit negotium quomodolibet in futurum, quibuscunque nomiuibus 
censeantur et quacunque prefulgeant dignitate, Thomas Campegius eadeni 
gracia Episcopus Feltrensis, judex et executor ad infrascripta, vnacum 
quibusdam aliis nostris in hac parte collegis, a sede apostolica specialiter 
deputatus, salutem in Domino, et nostris huiusniodi imo uerius apostolicis 
firmiter obedire mandatis : Literas sanctissimi in Cbristo patris et domini 
nostri, dornini Pauli diuina prouidentia Pape quarti, eius vera bulla plumbea 
in forma rigorosa, cum cordula canapis more Eomane curie impendente, bulla- 
tas, sanas siquidem et integras, non viciatas non cancellatas, nee in aliqua sui 
parte suspectas, sed omni prorsus vitio et suspicione carentes, vt in eis prima 
facie apparebat, nobis pro parte venerabilis viri domini Dauid Erskin, clerici 
Sancti Anclree diocesis principalis, in subinsertis Uteris apostolicis, coram 
notario publico, Archiuii Eomane Curie scriptore, et testibus infrascriptis 
nominati, presentatas nos cum ea qua decuit reuerentia recepimus, huiusniodi 
sub tenore : — Paulus Episcopus, [etc. as in ISTo. 78, supra]. Post quarum- 
quidem literarum apostolicarum presentationem et receptionem nobis et per 
nos vt premittitur factas, fuimus pro parte dicti domini Dauid Erskin 
principalis in preinsertis Uteris apostolicis principaliter nominati, debita 
cum instantia requisiti, quatenus ad executionem dictarum literarum 
apostolicarum et contentorum in eisdem procedere dignaremur, iuxta tra- 
ditam seu directam per eas a sede prefata nobis formam : Nos igitur, 
Thomas Campegius Episcopus Feltrensis, judex et executor prefatus, atten- 
dentes requisitionem huiusniodi fore iustam et rationi consonam, volentesque 
mandatum apostolicum nobis in hac parte directum reuerenter exequi vt 
tenemur ; idcirco, auctoritate apostolica nobis commissa et qua fungimur in 
hac parte, prioratum monasterii per priorem gubernari soliti, insule Sancti 



1556.] INDUCTION OF PRIOR DAVID. 345 



Colmocii de Inchmahomo, orcliiiis Sancti Augustini canonicorum regularium 
Dumblanensis diocesis, de quo in preinsertis Uteris apostolicis fit mentio, 
vacantem, nobis non constito quod tempore date literarum apostolicarum 
esset in dicto prioratu alicui specialiter ius quesiturn, eidem domino 
Dauidi principali cum omnibus juribus et pertinentiis suis commen- 
dauimus, et de illo etiam commendari mandauimus eum, prout tenore 
presentium etiam commendamus et de illo etiam commendari man- 
damus per presentes ; ipsumque dominum Dauidem principalem in et ad 
corporalem realem et actualem possessionem vel quasi prioratus iuriumque 
et pertinentiarum predictorum posuimus et induximus, ponimusque et induci- 
mus, ac inuestimus de eodem presentium per tenorem : Que omnia et singula, 
necnon prefatas literas apostolicas, huncque nostrum processum ac omnia et 
singula in eis conteuta, vobis omnibus et singulis supradictis et vestrum 
cuilibet intimamus, insinuamus et notificamus, ac ad vestram et vestrum 
cuiuslibet notitiam deducimus et deduci volumus per presentes : Vosque 
nihilominus et vestrum quemlibet tenore presentium requirimus et monemus, 
primo, secundo, tertio et peremptorio termino, communiter vel diuisim, ac vobis 
et vestrum cuilibet insolidum, in virtute sancte obedientie, et sub infrascriptis 
sentenciis penis districte precipiendo mandamus, quatenus infra sex dierum 
spatium post presentationem seu notificationem presentium ac requisitionem 
vobis seu alteri vestrum factas, et postquam pro parte dicti domini Dauidis 
principalis vigore presentium super hoc fueritis requisiti, seu alter vestrum 
fuerit requisitus, immediate sequentes ; — quorum sex dierum duos pro primo, 
duos pro secundo, et reliquos duos dies vobis omnibus et singulis supradictis 
pro tertio et peremptorio termino ac monitione canonica assignamus ; — eundem 
dominum Dauidem principalem in et ad corporalem realem et actualem 
possessionem prioratus, iuriumque et pertinentiarum predictorum, ponatis et 
inducatis, et defendatis inductum, amoto exinde quolibet illicito detentore, 

2 x 



346 



CHARTERS OF INGHMAHOME. 



[1556. 



quern nos inquantum possumus auctoritate et tenore premissis aruouemus et 
denunciamus amotum ; ac eundem dominum principalem vel procuratorem 
suuni predictum ad prioratum huiusmodi, vt est moris, adinittatis ; sibique de 
illius ac dictorum annexorum fructibus, redditibus, prouentibus, iuribus et 
obuentionibus vniuersis integre respondeatis, et faciatis ab aliis, quantum in 
vobis est vel fuerit, plenarie et integre responderi: Quod si forte premissa 
omnia et singula non adimpleueritis, seu distuleritis contumaciter adimplere, 
mandatisque et monitionibus nostris huiusmodi imo uerius apostolicis non 
parueritis, realiter et cum effectu, nos in vos omnes et singulos supra- 
dictos, qui culpabiles fueritis in premissis, et generaliter in contradictores 
quoslibet et rebelles ac impedientes ipsum dominum principalem aut 
ipsum impedientibus dantes auxilium, consilium vel fauorem, publice vel 
occulte, directe vel indirecte, quouis quesito colore vel ingenio, cuiuscunque 
dignitatis, status, gradus, ordinis vel conditionis existant, exnunc prout extunc, 
et extunc prout exnunc, predicta sex dierum canonica monitione premissa, 
excommunicationis in capitula vero conuentus et collegia in his forsan delin- 
quentia, suspensionis a diuinis, et in ipsorum delinquentium et rebellium 
ecclesias, monasteria et capellas, interdicti ecclesiastici sententias ferimus 
in his scriptis, et etiam promulgamus : Vobis vero reuerendo patre domino 
Episcopo Dumblanensi duntaxat excepto, cui, ob reuerentiam vestre pontificalis 
dignitatis, deferimus in hac parte, si contra premissa vel premissorum aliqua 
feceritis seu fieri mandaueritis per vos vel submissas personas, publice vel 
occulte, directe vel indirecte, quouis quesito colore vel ingenio, exnunc prout 
extunc, et e contra predicta sex dierum canonica monitione premissa, ingres- 
sum ecclesiasticum interdicimus in his scriptis ; si vero huiusmodi interdictum 
per alios sex dies prefatos sex immediate sequentes sustinueritis, vos in eisdem 
scriptis simili canonica monitione premissa suspendimus a diuinis; verum si 
prefatas interdicti et suspensionis sententias, per alios sex dies prefatas duo- 



1556.] INDUCTION OF PRIOR DAVID. 347 

decim immediate sequentes,animo quod absit sustinueritis indurato, vos exnunc 
prout extunc, et e conuerso, liuiusmodi canonica monitione premissa in his 
scriptis excommunicationis sententia auctoritate apostolica supradictainnoda- 
mus : Ceterum cum ad executionem premissorum vlterius faciendam nequeamus 
quoad preseus personaliter interesse, pluribus aliis arduis in Eomana curia 
legitime prepediti negotiis, vniuersis et singulis dominis abbatibus, prioribus, 
prepositis, clecanis, archidiaconis, ceterisque viris ecclesiasticis, in quibuscun- 
que dignitatibus, gradibus vel officiis constitutis, notariisque et tabellionibus 
publicis quibuscunque, per ciuitatem et diocesim Dumblanensem ac alias 
vbilibet constitutis, et eorum cuilibet, insolidum super vlteriori executione 
dicti mandati apostolici atque nostri facienda, auctoritate apostolica supradicta, 
tenore presentium plenarie committimus vices nostras, donee eas ad nos speci- 
aliter et expresse duxerimus reuocandas ; quos nos etiam et eorum quemlibet 
insolidum eisdem auctoritate et tenore requirimus, primo, secundo, tertio et 
peremptorie, communiter vel diuisim ; eisque nihilominus et eorum cuilibet 
in virtute sancte obedientie et sub excommunicationis pena, quam in eos et 
eorum quemlibet, nisi fecerint que mandamus, ferimus in his scriptis, districte 
precipiendo [et] mandando, quatenus infra sex dies post presentationem 
seu notificationem presentium et requisitionem eis seu eorum alteri factas, im- 
mediate sequentes, quos sex dies ipsis et eorum cuilibet, pro omni dilatione 
terminoque peremptorio ac monitione canonica assignamus — ita tamen quod in 
his exequendis alter alterum non expectet, nee vnus pro alio seu per alium se 
excuset,— ad vos omnes et singulos supradictos quibus huiusmodi noster 
processus dirigitur, necnon ad ecclesias personasque et loca alia, de quibus 
vbi, quando et quotiens expediens fuerit, personaliter accedant seu alter eorum 
accedat ; et prefatas literas apostolicas huncque nostrum processum ac omnia 
et singula in eis contenta, vobis omnibus et singulis supradictis, communiter 
vel diuisim, legant, intiment, insinuent et fideliter publicare procurent; ac 



348 



CHARTERS OF INGHMAHOMJE. 



[155G. 



eundera dominum Dauidein Erskin principalem, vel procuratorem suum 
pro eo, in corporalem realem et actualem possessionem prioratus et annex- 
orum, iuriumque et pertinentiarum predictorum, ponant et inducant; et 
defendant inductum, amoto exinde quolibet illicito detentore ; sibique vel 
procuratori suo predicto de illius ae annexorurn predictorum fructibus, red- 
ditibus, prouentibus, iuribus et obuentionibus vniuersis integre prout ad eos 
communiter vel diuisim pertinent respondeant et quilibet ipsorum respondeat 
seu responderi faciat : Et generaliter omnia alia et singula nobis in hac parte 
eommissa plenarie exequantur iuxta earundem literarum continentiam et 
tenorem : Ita tamen quod dicti subdelegati nostri vel quicunque alius siue 
alii nibil in preiudicium dicti domini principalis vel procuratoris sui valeant 
attemptare quomodolibet in premissis, nee in processibus per nos habitis ant 
sententiis latis absoluendo vel suspendendo aliquid immutare : In ceteris autem 
que dicto domino principali vel procuratori suo in premissis nocere possent, 
prefatis subdelegatis nostris et quibuscunque aliis potestatem omnimodam 
denegamus : Et si contingat nos super premissis in aliquo procedere, de quo 
nobis potestatem omnimodam reseruamus, non intendimus propterea com- 
missionem nostram in aliquo reuocare nisi de reuocatione ipsa specialem et 
expressam fecerimus mentionem : Per processum autem nostrum nolumus nee 
intendimus nostris in aliquo preiudicare collegis, quominus ipsi vel eorum 
alter, seruato tamen hoc nostro processu, in huiusmodi negotio procedere 
valeant, prout eis vel eorum alteri visum fuerit expedire : Prefatas quoque 
literas apostolicas et hunc nostrum processum volumus penes dictum 
dominum Dauidem vel procuratorem suum remanere, et non per vos seu 
quemcunque alium ipsis inuitis et contra eorum voluntatem quomodolibet 
detineri : Contrarium vero facientes prefatis nostris sententiis, prout in his 
scriptis per nos late sunt dicta monitione canonica premissa, ipso facto, 
volumus subiacere : Mandamus tamen copiam fieri de premissis earn peten- 



1562.] PRIOR DAVID AND JOHN LORD ERSKINE. 349 

tibus et habere debentibus, petentiam quidem sumptibus et expensis : 
Absolutionem vera omnium et singulorum qui prefatas nostras sententias 
vel earum aliquam iucurrerint siue incurrerit quoquoinodo nobis vel superiori 
nostro tantummodo reseruamus. In quorum omnium et singulorum fidem 
et testimonium premissorum presentes literas siue hoc presens publicum 
processus instrumentum exinde fieri et per notarium publicum archiuii 
Eomane curie scriptorem infrascriptum subscribi et publicari mandauimus, 
sigillique dicti archiuii iussimus et fecimus appensione communiri. Datum 
Rome in palatio apostolico et camera dicti archiuii, sub anno a natiuitate 
Domini millesimo quingentesimo quinquagesimo sexto, die quiuta mensis 
Decembris, pontificatus sanctissimi in Christo patris et domini nostri, domini 
Pauli diuina prouidentia Pape quarti anno eius secundo : presentibus ibidem 
discretis viris, dominis Didaco de Auila et Joanne Vignodi, dicti archiuii 
scriptoribus, testibus ad premissa vocatis specialiter atque rogatis. 

Et quia ego Joannes de Auila archiuii Eomaue curie scriptor pre- 
missis interfui, ideo hunc processum subscripsi et publicaui, in 
fidem premissorum rogatus et requisitus. 

82. Charter by David Commendator of Inchmahome to John Lord 
Erskine, of the lands of Boirland. — 8th August 15C2. 

Omnibus hanc cartam visuris vel audituris Dauid permissione diuina 
Commendatarius perpetuus monasterii de Inchemahomo et eiusdem loci 
conuentus, salutem in domino sempiternam. Quia prouidi principes in parlia- 
mentis suis bono reipublice prouiso statuerunt et decreuerunt, regum, prela- 
torum, ac temporalium comitum, et baronum, ceterorumque subditorum terras 
hereditarie possidentium in emphiteosim seu feodifirmam absque rentalium 

1 Original in the Charter-chest of the Earl of Mar and Jvallie. 



350 



CHARTERS OF INCHMAHOME. 



[156- 



diminutione assedandas fore, Idque maxime ob policiam et honestatem 
reipublice steriliumque terrarum commodam culturam, necnon arcendorum 
abegiorurn causa isque accedit canonum non violanda authoritas, necnon 
verenda nostrorum predecessorum consuetudo quibus reipublice optime ac 
sapienter perspectum est, Nos semper reipublice et regno deberi prodesse 
his solido iudicio maturoque consilio preuisis, eorurnque auctoritatem 
amplexi certas terras nostras subscriptas in empbiteosim locare statuimus ; 
Noueritis igitur nos vnanimi consensu et assensu ad hoc capitulariter congre- 
gatorurn diligentibus tractatibus et maturis deliberationibus prebabitis, in 
euidentem, vtilitatem dicti nostri monasterii et augmentationem rentalis 
eiusdem, necnon pro certis pecuniarum summis et aliis gratitudinibus et 
benemeritis, nobis per predilectum nostrum Joannem dominum de Erskin 
gratanter persolutis et multipliciter impensis, dedisse, concessisse, assedasse, 
arrendasse, locasse et ad feodifirmam seu emphiteosim perpetuam hereditarie 
dimisisse, et hac presenti carta nostra confirmasse, necnon tenore presentium 
dare, concedere, assedare, arrendare, locare, et ad feodifirmam seu emphiteo- 
sim perpetuam hereditarie dimittere, et hac presenti carta nostra confirmare 
predicto Joanni domino Erskin et heredibus suis masculis, quibus deficien- 
tibus, heredibus suis et assignatis quibuscunque, Totas et integras terras 
nostras de Boirland, vulgo nuncupatas terras dominicales de Cardros, 
extendentes ad decern mercatas terrarum antiqui extentus, cum omnibus 
et singulis suis pertinentiis, jacentes infra vicecomitatum de Perth, exten- 
dentes annuatim in antiquo nostro rentali ad summam decern merearum 
monete Scotie : Tenendas et habendas totas et integras prefatas terras 
de Boirland, cum singulis suis pertinentiis, predicto Johanni domino 
Erskin et heredibus suis masculis prescriptis, quibus deficientibus, heredibus 
suis seu assignatis antedictis, de nobis et successoribus nostris in feodi- 
firma seu emphiteosi ac bereditate, imperpetuum, per omnes rectas metas 



1562.] 



GRANT TO JOHN LORD ERSKINE. 



351 



suas . . . Beddendo inde annuatim dictus Joannes dominus Erskin heredes 
sui seu assignati prescripts, nobis et successoribus nostris camerariis seu 
factoribus pro tempore existentibus, summam decern mercarum vsualis 
monete regni Scotie tanquam firmam feodifirme pro predictis terris cum 
singulis suis pertinentiis prius solui debitam et consuetam, et in dicto 
nostro rentali contentam vt supra, necnon summam quinque mercarum 
monete prescripte in augmentationem nostri rentalis eiusdem annuatim, ad 
duos anni terminos consuetos, festa, videlicet, penthcostes et Sancti Martini 
in Hyeme per equales medias portiones nomine feodifirme, necnon heredes 
dicti domiui de Erskin antedicti duplicando dictam feodifirmam primo anno 
cuiuslibet heredis introitus ad prenominatas terras cum suis pertinentiis, 
prout vsus est feodifirme, tantum pro omni alio onere, exactione, questione, 
demanda seu seruitio seculari, que de prefatis terris nostris de Boirland 
cum suis pertinentiis per quoscunque juste exigi poterunt quomodolibet 
vel requiri ; Et nos vero [etc. Clause of warrandice in common form]. 
Insuper dilectis nostris Jacobo Erskine de Litil Sauchquhy ac vestrum 
cuilibet coniunctim et diuisim balliuis nostris in hac parte specialiter 
constitutis salutem, vobis precipimus et firmiter mandamus quatenus visis 
presentibus indilate statum saisinam hereditariam pariter et possessionem 
corporalem, actualem et realem, totarum et integrarum prefatarum terrarum 
de Boirland, vulgo nuncupatarum terras dominicales de Cardros, extenden- 
tium ad decern mercatas terrarum antiqui extentus cum singulis suis 
pertinentiis, vt predicitur iacentium, predicto Joanni domino Erskin, vel 
eius certo actornato latori presentium, per terre et lapidis fundi earundem, 
vt moris est, traditionem secundum tenorem carte nostre feodifirme prescripte 
iuste deliberetis et habere faciatis sine dilatione, ad quod faciendum vobis 
et vestrum cuilibet coniunctim et diuisim balliuis nostris in hac parte 
antedictis nostram plenariam et irreuocabilem tenore presentium com- 



352 



CHARTERS OF INCHMAHOME. 



[1565 



mittimus potestatem. la cuius rei testimonium presentibus, manibus nostris 
subscriptis, sigillum commune capituli dicti nostri monasterii est appensum 
apud idem monasterium, octauo die mensis Augusti, anno domini millesimo 
quingentesimo sexagesimo secundo, coram hiis testibus Joanne Craigingelt de 
eodem Joanne Cunynghame de Drumuquhassill, Jacobo Erskine de Littill 
Sauchquhy, Joanne Graheme de Ballindorrane, domino Andrea Heygie, et 
Jacobo Oswald notario publico, cum diuersis aliis. 

Dominus Jacobus Bradfut, Dauid, Commendatarius de 

Subprior. Inchmahonio. 

Dominus Wellemus Stekleng. Dompnus Thomas M c Lellen". 

Apud Edinburgh, xxvi to Marcii anno etc. 1 [x] quinto. Producta coram 
dominis commissariis. A. Hay. 




1562.] LORD ERSKINE, BAILIE OF CARDROSS. 353 

83. Charter by David Commendator of Inchmahome to John Lord 
Erskine, of the office of bailie of the barony of Cardross, etc. — 8th 
August 1562. 1 

Omnibus hanc cartam visuris vel audituris, Dauid permissione diuina 
comrnendatarius perpetuus prioratus de Inchernahomok et conuentus 
eiusdem, salutem in Domino sempiternam. Noueritis nos vnacum consensu 
et assensu ad hoc capitulariter congregatorum, diligentibus tractatibus et 
maturis deliberationibus prehabitis, in nostram euidentem vtilitatem, 
defensionernque nostram nostrorurnque preuilegiorum, iurium, terrarum et 
possessionum nobis incumbentium, dedisse, concessisse et hac presenti carta 
nostra confirmasse, necnon dare, concedere et hac presenti carta nostra 
confirmare nobili et potenti domino Joauni domino Erskine et heredibus suis 
masculis et assignatis quibuscunque, totum et integrum officium balliatus 
baronie nostre de Cairdros ac omnium et singularum aliarum terrarum et 
possessionum nostrarum nobis et dicto nostro prioratui spectantium cum suis 
pertiuentiis, vbicunque infra regnum Scotie existunt : Cum potestate dicto 
domino suisque heredibus et assignatis prescriptis, curias balliatus dicte 
nostre baronie ac omnium et singularum aliarum terrarum nostrarum et 
possessionum antedictaruin, tenentibus earundem et omnibus aliis quorum 
interest intereritve affigendi, assignandi, inchoandi, affirmandi, tenendi, et 
quoties opus fuerit continuandi et prolongandi. . . . Eatum, gratiun [etc.] 
Pro executione et deseruitione officii balliatus predicti dedimus, concessimus 
et assignamus, tenoreque presentium damus, concedimus et assignamus dicto 
nobili domino suisque heredibus et assignatis prescriptis, nostris balliuis 
antedictis, omnes et singulas firmas feudifirme et deuorias totarum et 
integrarum terrarum nostrarum infrascriptarum cum pertiuentiis in dicta 

1 Original in the Charter-chest of the Earl of Mar and Kellie. 
2 Y 



354 



CHARTERS OF INGHMAHOME. 



[1562. 



nostra baronia iacentium. videlicet, terrarum de Arnepriour, terrarum de 
Cardene, terrarum de Kepe, terrarum de Westir Poldoir, terrarum de Eistir 
Poldoir, terrarum de G-artcledeny cum molendino de Arnepriour, terrarum de 
Arnevicar, terrarum de Gartours Vuir et JSTethir, terrarum de Lochend, 
molendinum de Cardrus, terrarum de Ardincleriche, terrarum de Drum- 
mannikloche, terrarum de Blairsessenoche, terrarum de Eallingrew, terrarum 
de Hornahic, terrarum de lie waird de Guddy, cum astricta multura omnium 
et singularum prefatarum terrarum, cum omnibus et singulis earundem 
pertinentiis, ac terrarum de Boirland vulgo nuncupatarum terras dominicales 
de Cardros extendentium ad decern mercatas terrarum antiqui extentus cum 
singulis suis pertinentiis (quequidem omnes terre prescripte, cum molendinis, 
astricta multura et pertinentiis, annuatim in nostro antiquo rentali, firmis, 
gressumis et aliis diuoriis earundem insimul computatis, extendunt ad 
summam sexaginta quinque librarum nouem solidorum et quatuor 
denariorum monete Scotie) in eorum feodo, pro dicti officii balliatus 
executione per ipsos annuatim leuandas, intromittendas et percipiendas ad 
terminos solutionis earundem; et desuper ad eorum libitum voluntatis et 
vsus suos proprios omnibus temporibus affuturis disponendi, et pro eiisdem 
si opus fuerit namandi et distringendi : Quodquidem officium balliatus cum 
t'eodo et diuoriis fuit Jacobi Erskine de Littill Sauchy, fratris germani 
quondam nobilis domini Joannis domiui Erskine vltimi defuncti, perprius 
hereditarie ; et quod idem Jacobus, non vi aut metu ductus, nee errore 
lapsus, compulsus aut coactus, sed sua mera, pura, libera et spontanea 
voluntate, in manibus nostris tamquam in manibus domini sui superioris 
earundem, apud Cardruss sursum reddidit pureque et sinipliciter resignauit, 
ac totum ius et clameum ... in fauorem dicti nobilis domini Joannis 
domini Erskine suorumque heredum et assignatorum prescriptorum omnino 
quitumclamauit imperpetuum : Tenendum et habendum totum et integrum 



1562.] 



LORD ERSKINE, BAILIE OF CARDROSS. 



355 



prefaturn officiuni balliatus baronie nostre et [de] Cardros ac omnium et 
singularum aliarum terrarum nostraruni et possessionum nobis et dicto 
nostro prioratui spectantium cum suis pertinentiis, vbicunqiie infra regnum 
Scotie existunt, cum omnibus et singulis preuilegiis, amerciamentis et escaetis 
dictarum curiarum, ac cum dictis feodis et deuoriis eiusdem officii balliatus 
de firmis feudifirme et deuoriis terrarum respectiue predictarum annuatim 
leuandis et percipiendis et in suos proprios vsus disponendis, ac si opus 
fuerit pro huiusmodi namandi et distringendi, prelibato nobili domino Joauni 
domino Erskine suisque heredibus masculis et assignatis quibuscunque, de 
nobis et successoribus nostris, in feodo et hereditate iniperpetuum ; cum 
vniuersis et singulis libertatibus . . . Faciendo et prestando inde annuatim 
dictus Joannes dominus Erskine suique heredes masculi et assignati nobis et 
nostris successoribus debita et seruitia in tentione curiarum dicte baronie 
aliarumque terrarum et possessionum nostrarum predictarum, et administra- 
tione iusticie in huiusmodi curiis, tenentibus et inhabitatoribus earundem et 
aliis quorum interest aut intererit, toties quoties opus fuerit secundum iuris 
formam, tanturu, pro omni alio onere . . . Et nos vero et successores nostri 
totum et integrum prefatum officium balliatus baronie et terrarum nostrarum 
prescriptarum, cum omnibus et singulis priuilegiis amerciamentis et escaetis 
dictarum curiarum, ac cum dictis feodis et diuoriis eiusdem officii balliatus 
de firmis feudifirme et deuoriis terrarum respectiue predictarum annuatim 
leuandis et percipiendis et in suos proprios vsus disponendis, ac si opus fuerit 
pro huiusmodi namandi et distringendi, prelibato Joanni domino Erskine 
suisque heredibus masculis et assignatis quibuscunque, in omnibus et per 
omnia, forma pariter et effectu, ut premissum est, contra omnes mortales 
warantizabimus, acquietabimus et iniperpetuum defendemus : Et ideo vobis 
Joanni Cragingelt de eodem, Christofero Murray, vestrumque cuilibet, 
coniunctim et diuisim, balliuis nostris in hac parte specialiter constitutis, 



356 



CHARTERS OF INCHMAHOME. 



[1565 



firmiter precipimus et mandamus quatenus uisis presentibus indilate statum, 
sasinam hereditariam, pariter et possessionem corporalem, actualem, et realem 
totius et integri dicti officii balliatus baronie nostre de Cardros ac omnium et 
singularum terrarum nostrarum et possessionum nobis et nostro prioratui 
spectantium cum suis pertinentiis, vbicunque infra regnum Scotie existunt, 
cum omnibus et singulis priuilegiis, amerciamentis et escaetis dictarum 
curiarum, ac cum dictis feodis et deuoriis eiusdem officii balliatus de firmis 
feudifirme et deuoriis terrarum respectiue predictarum annuatim leuandis et 
percipiendis, et in suos proprios vsus applicandi et disponendi, ac si opus 
fuerit namandi et distringendi, prelibato nobili domino Joanni domino 
Erskine vel suo certo actornato, latori presentium, secundum formam et 
tenorem antescripte nostre carte, iuste haberi faciatis et deliberetis ; et boc 
nullo modo omittatis ; ad quod faciendum vobis et vestrum cuilibet, 
coniunctim et diuisim, nostram plenariam et irreuocabilem tenore presentium 
committimus potestatem. In cuius rei testimonium, presentibus manibus 
nostris propriis subscriptis sigillum commune capituli dicti nostri monasterii 
de Incbemahomo est appensum, apud idem monasterium, octauo die mensis 
Augusti, anno Domini millesimo quingentesimo sexagesimo secundo, coram 
bis testibus, Joanne Cunyngame de Drumqubassill, Jacobo Erskin de 
Litill Saqubye, Joanne Grahem de Ballindorrane, domino Andrea Hagye, et 
Jacobo Osvald notario publico, cum diuersis aliis. 

Dominus Jacobus Bkadfut, Dauid, Commendatarius de Inchmahomo. 

subprior. Dene Thomas M c Lellen, ad idem. 

Apud Edinburgh, xxvj t0 Marcii, anno etc. lx quinto. Producta coram 



dominis commissariis. 



A. Hay. 



1562.] LORD ERSKhVE BAILIE OF GAEDBOSS. 357 

84. Instrument of Sasine of the bailiary of the barony of Cardross, etc., in 

favour of John Lord Erskine. — 18th August 1562. 1 
In Dei nomine amen. Per hoc presens publicum instrumentum cunctis pateat 
euidenter et sit notum, quod anno incarnationis dominice millesimo quingen- 
tesimo sexagesimo secundo, mensis vero Augusti die decimo octauo, et regni 
excellentissime principis Marie Dei gratia Scotorum illustrissime anno vigesimo 
primo, in mei notarii publici et testium subscriptorum presentia personaliter 
constitutus nobilis et potens Dominus Johannes Dominus Erskyn. ad terras et 
baroniam de Cardros accessit et ibidem qnandam cartam per Dauidem com- 
mendatarium de Inchmahomo et conuentum eiusdem faetam dicto Johanni 
Domino de Erskyn heredibus suis masculis et assignatis, de officio balliatus 
baronie de Cardros ac omnium aliarum et singularum terrarum et posses- 
sionum dicto monasterio spectantium cum pertinenciis, vbicunque infra 
regnum Scotie existunt, Johanni Cragingelt de eodem balliuo in hac parte 
dicti commendatarii et conuentus specialiter constituto presentauit, cum 
precepto sasine in fine dicte carte inserto prout in dicta carta latius con- 
tinetur, cuius precepti tenor sequitur : Et ideo vobis Johanni Cragingelt 
de eodem Cristofero Murray vestrumque cuilibet coniunctim et diuisim, 
balliuis nostris in hac parte specialiter constitutis, firmiter precipimus et 
mandamus quatenus visis presentibus indilate statum, sasinam heredilariam, 
pariter et possessionem corporalem, actualem, et realem totius et integri dicti 
officii balliatus baronie nostre de Cardros, ac omnium et singularum terrarum 
nostrarum et possessionum nobis et nostro prioratui spectantium cum suis 
pertinentiis, vbicunque infra regnum Scotie existunt, cum omnibus et singulis 
preuilegiis, amerciaments et eschaetis dictarum terrarum, ac cum dictis feodis 
et deuoriis eiusdem officii balliatus de firmis feudifirme, et deuoriis terrarum 
respectiue predictarum annuatim leuandis et precipiendis, et in suos proprios 
1 Original in the Charter-chest of the Earl of Mar and Kellie. 



358 



CHARTERS OF INCHMAHOME. 



[1562. 



.vsus applicandi et disponendi ac si opus fuerit namandi et distringendi pre- 
libato nobili domino Johanni domino Erskyn, vel suo certo actornato latori 
presentium, secundum formam et tenorem antescripte carte iuste haberi 
faciatis et deliberetis, et hoc nullo modo omittatis, ad quod faciendum vobis 
et vestrum cuilibet coniunctim et diuisim nostram plenariam et irreuo- 
cabilem tenore presentium committimus potestatem : In cuius rei testimonium 
presentibus manibus nostris subscriptis sigillum commune capituli dicti nostri 
monasterii de Inchmahomo est appensum, apud idem monasterium, octauo 
die mensis Augusti anno Domini millesimo quingentesimo sexagesimo secundo, 
coram hiis testibus Johanne Cvninggbame de Drumquhaissill, Jacobo Erskyn 
de Litill Saucbtquhy, Johanne Graheme de Ballindorrane, domino Andrea 
Hegy, et Jacobo Oswald notario publico, cum diuersis aliis. Quequidem 
carta cum precepto sasine in eadem inserto perlecta, dictus Johannes Cragin- 
gelt de eodem virtute sui officii, sasinam dicti officii balliatus et feOdi predicti 
dicto Johanni domino Erskyn per deliberationem vnius fusti et denarii ab 
fundo dictarum terrarum, secundum formam et tenorem dicte carte contulit 
et deliberauit, realiter et cum effectu, super quibus premissis omnibus et 
singulis, dictus Johannes dominus Erskyn a me notario publico subscripto 
sibi fieri petiit publicum seu publica instrumentum, seu instrumenta vnum siue 
plura. Acta erant hec super fundo dicte baronie bora secunda post meridiem 
vel eocirca, sub anno, mense, die, indictione quibus supra ; presentibus ibidem 
Johanne Cvningghame de Drumquhaissall, Jacobo Erskyn de Litill Saucht- 
quhy, Roberto Cragingelt, Domino Andrea Hegy, et Jacobo Oswald notario 
publico, cum diuersis aliis testibus ad premissa vocatis pariter et requisitis. 

Et ego vero Johannes Graheme Dumblanensis diocesis publicus sacra 
apostolica auctoritate notarius. Quia, etc. 

Apud Edinburgh, xxvi to Marcii anno etc. lxv to . Producta coram 



dominis commissariis. 



A. Hay. 



1562.] DAVID GOMMENDATOR OF INCHMAHOME. 359 

85. Confirmation by David Commendator of Inchmahome, of a Charter, 
dated 5th October 1560, by Alexander Erskine of Caiigloir, to his 
brother, John Lord Erskine, of the lands of Arnprior, etc., in exchange 
for the half of Cambusbarron, etc. — 12th August 1562. x 

Omnibus banc cartam visuris vel audituris, Dauid permissione diuina 
commendatarius perpetuus monasterii de Inchemahomo et eiusdem loci 
conuentus, salutem in omnium Saluatore. Sciatis nos, quandam cartam 
venditionis et alienationis factam per dilectum nostrum Alexandrum Erskine 
de Cangloir nobili et potenti domino ac predilecto nostro Joanni domino 
de Erskine, et heredibus suis masculis de corpore suo legitime procreatis 
seu procreandis, quibus deficientibus heredibus suis masculis quibuscunque, 
super omnibus et singulis terris et molendinis de Arnepriour et Cardros 
subscriptis, cum tenentibus, tenandriis et libere tenentium seruitiis 
earundem et pertinentiis, iacentibus in baronia de Cardros, infra vice- 
comitatum de Perth, tenendis de nobis et successoribus nostris in feodifirma 
et hereditate imperpetuum, per nos visam, lectam, inspectam et diligenter 
examinatam, sanam, integram, non rasam, non cancellatam, nee in aliqua sui 
parte suspectam, ad plenum intellexisse sub hac forma :— Omnibus hanc 
cartam visuris vel audituris, Alexander Erskine de Cangnoir ac dominus 
feudifirmarius terrarum subscriptarum, salutem in Domino sempiternam. 
Noueritis me, vtilitate et commodo meis in hac parte vndique preuisis, 
pensatis et ad plenum intellectis, libere vendidisse, alienasse et hac presenti 
carta mea confirmasse, tenoreque eiusdem vendere, alienare et hac presenti 
carta mea confirmare nobili et potenti domino Joanni domino Erskine, meo 
fratri germano, et heredibus suis masculis de corpore stio legitime procreatis 
seu procreandis, quibus deficientibus veris legitimis et propinquioribus 

1 Original in the Charter-chest of the Earl of Mar and Kellie. 



3G0 



CHARTERS OF IKCHMAHOME. 



[1562. 



heredibus suis masculis quibuscunque, totas et integras terras meas sub- 
scriptas, videlicet, terras de Arnepriour, terras de Gardene, terras de Kepe, 
terras de Westir Poldoir, terras de Eistir Poldoir, terras de Gartcledyny, 
cum molendino de Arnepriour, terras de Arnevicar, terras de Gartours Tim- 
et Nethir, terras de Lochend, molendinum de Cairdros, terras de Ardinclericht, 
terras de Drummannikloche, terras de Blairsessenocht, terras de Ballingrew, 
terras de Hornahaic, terras de lie Waird de Gudy, cum astricta multura 
omnium et singularum prefatarum terrarum, cum tenentibus, tenandriis, et 
libere tenentium seruitiis omnium et singularum earundem, omnibus et 
singulis suis pertinentiis, iacentes infra vicecomitatum de Perth, pro tota et 
integra dimedietate terrarum de Cambusbarroun cum pertinentiis iacentium 
infra vicecomitatum de Striuiling, et hospitio siue tenemento dicti domini, 
ante et retro, cum horto et pertinentiis, iacenti infra dictum burgum de 
Striuiling, prout in euidentiis eiusdem limitatur, mihi hereditarie per 
eundem nobilem dominum dotatis et concessis ; ac etiam pro summis 
duarum mille librarum vsualis monete regni Scotie, mihi etiam per prefatum 
nobilem dominum persolutis et in vsus meos totaliter conuersis, de quibus- 
quidem summis teneo me bene contentum, ac totaliter et integre persolutum, 
dictumque nobilem dominum et omnes alios interesse habentes exinde 
quitumclamo, et exonero presentis carte mee per tenorem imperpetuum : 
Tenendas et habendas totas et integras prenominatas terras cum molendinis 
predictis et astricta multura omnium et singularum prefatarum terrarum, 
cum tenentibus, tenandriis, et libere tenentium seruitiis earundem et singulis 
suis pertinentiis, dicto nobili domino Joanni domino Erskine et heredibus 
suis masculis prescripts a me et heredibus meis, de commendatario siue 
priore de Inchemahomo et conuentu eiusdem et eorurn successoribus, in 
f'eodifirma siue emphiteosi et hereditate imperpetuum, per omnes rectas 
metas suas . . . Eeddendo inde annuatim prefatus nobilis dominus Joannes 



1562.] GRANT TO JOHN LORD ERSKINE. 361 



dominns Erskine et heredes sui masculi prescripti prefatis commendatario 
siue priori et conuentui, et eorum successoribus, firmas, proficua et diuorias 
eiisdem ante presentem alienacionem debitis et consuetis, prout in carta 
mea super predictis terris, molendinis cum astricta multura dictarum 
terrarum, cum tenentibus, tenandriis et libere tenentium seruitiis earundem 
per eosdem confecta plenius et lathis continetur, tantum pro omni alio onere, 
. . . Et ego vero sepefatus Alexander Erskine de Cangnoir, heredes mei et 
assiguati, totas et integras prefatas terras de Arnepriour, terras de Gardene . . . 
memorato nobili et potenti domino Joanni domino Erskine et heredibus suis 
masculis suprascriptis, in omnibus et per omnia, forma pariter et effectu, ut 
premissum est, contra omnes mortales warantizabimus, acquietabimus et im- 
perpetuum defendemus. In cuius rei testimonium sigillum meum proprium, 
presentibus manu mea propria subscriptis, est appensum, apud Edinburgh, 
quinto die mensis Octobris, anno Domini millesimo quingentesimo sexage- 
simo ; coram his testibus, Dauid Erskine commendatario de Dryburgh, Arthuro 
Erskine de Blakgrange, magistro Adamo Erskine recto re de Gampsye, Jacobo 
Erskine de Litilsauchquhy, Archbaldo Haldane, Duncano Cunynghame, domino 
Andrea Hegie vicario de Falkirk, et Joanne Graheme de Ballindorrane clerico 
vicecomitatus de Striuiling, cum diuersis aliis. Quamquidem cartam ac vendi- 
tionem et alienationem in eadem contentas, in omnibus suis punctis, condi- 
tionibus, articulis et modis ac circumstantiis suis quibuscunque, in omnibus 
et per omnia, forma pariter et effectu, approbamus, ratiflcamus, ac pro nobis 
et successoribus nostris pro perpetuo, vt premissum est, confirmamus, saluis 
nobis et successoribus nostris juribus et seruitiis de dictis terris cum 
pertinentiis ante presentem nostram confirmationem debitis et consuetis. In 
cuius rei testimonium huic presenti carte nostre manibus nostris subscriptis 
sigillum commune dicti nostri monasterii est appensum ; apud dictum mona- 
sterium duodecimo die mensis Augusti, anno Domini millesimo quingentesimo 

2 z 



362 



CHARTERS OF INCHMAHOME. 



[1562. 



sexagesimo secundo, coram his testibus, nobili et potenti dornino Joanne comite 
de Menteyth, Colino Campbell de Balquhan magistro Argadie, Jacobo Erskine 
de Balgony, Joanne Craigingelt de eodem, Alexandra Hwme de Lwndeis, 
Eoberto Graheme de Gartmoir, Joanne Graheme de Ballindorrane, Christoforo 
Murray ae magistro Jacobo Graheme et Jacobo Oswald notariis publicis. 
Dominus Jacobus Beadftjt, Dauid, Commendatarius de Inchmahomo. 
Subprior. Dompnus Thomas M c Lellen, manu. 

Dene Wellem Steeleng. 



86. Letter of Gift by David Commendator of Deyburgh and Inchma- 
home to John Lord Erskine, of a yearly pension of 500 marks. — 
31st December 1562. 1 

Be it kend till all men be thir present letteris, ws, Dauid commendatar of 
the abbayis of Dryburgh and Inchemahomo, with consent and assent of the 
conventis of the saidis abbayis, the vtilitie and proffet thairof alwayis foirsene, 
vndirstand, and haifand consideratioun of the monyfauld gude deidis done to 
ws be ane noble and mychty lord, Johnne Lord Erskin, in the defence of ws 
and oure landis and causing of ws to be ansuerit of the fruttis, proventis and 
emolimentis thairof, without quhais grite laubouris and diligence we had 
bene vterlie owerthrawin in thir trublous tymis, and had nocht bene ansuerit 
nor obtenit ane penny of oure rentis to oure sustentatioun : And in respect 
of the grite, large and sumptuous expenssis and charges debursit and sustenit 
thairvpoun be him, as also for his gude and fauorable manteinance to con- 
tinew thairintill in tyme cuming, to haif gevin, grantit and disponit, and be 
the tennour heirof gevis, grantis and disponis to the said nobili lord, for all 
the dayis of his lyve, ane yeirlie pensioun of the sowme of fyve hundreth 
markis, to be payit to him yerlie of the reddiest fruttis, rentis, males, fermes, 

1 Orijrinal in the Charter-chest of the Earl of Mar and Kellie. 



1562.] PENSION TO JOHN LORD ERSKINE. 363 

teindis and eruolimentis of the saidis abbayis : And to the effect that he may 
be the mair surlie ansuerit, payit and obeyit thairof, we haif gevin, grantit 
and assignit, and be the tennour heirof gevis, grantis and assignis to the said 
nobill lord, for all the dayis of his lyve, all and syndrie the fruttis, rentis, 
teindsehavis, teindis, emolimentis, and vtheris fruttis, proffettis and dewiteis 
of the kirkis and landis efter mentionate, pertening to the saidis abbayis of 
Dryburgh and Inchemahomo ; that is to say, the fruttis of the kirkis of 
Gulane, Chyndilkirk, Pencaitland, pertenyng to our said abbay of Dryburgh, 
and the fruttis of the kirk of Luntbrethen pertening to oure said abbay 
of Inchemahomo, and all and syndrie the teind schaves of the landis of 
Bordland, liand within the baronie of Cardros, alsua pertening to oure said 
abbay of Inchemahomo : With power to the said noble lord to lift, intromet 
and vptak all and syndrie the fruttis, rentis, teindis, teindschaves and 
emolimentis of the foirsaidis kirkis and landis, be himself and at his awne 
handis, or be his factouris in his name, during all the dayis of his lyvetyme, 
in all and be all thingis, as we oureself mycht do or hes done in ony tymes 
bygane. In witnes quhairof to thir present letteris of assignatioun, sub- 
scrivit with onre handis, the commoun seillis of oure saidis abbayis ar to 
hungin, at the Castell of Edinburghe, the last day of December, the yer of 
God ane thowsand fyve hundreth and sexte twa yeiris, befoir thir witnessis, 
Allexander Hwme, Dauid Nicholl, Duncane Name, and Mr. Jhonne Mentetht. 

James Beaidfut, Subprior of Dauid, Commendatar off Dry- 
Inchemahomo. bruch and Inchmahoruo. 

Eobaet Andeesone, Subprior of Mungo Vylsone. 
Driburch. Jhone Eudiefurd. 

Pateyk Purwas. Willeam Wilsone. 

Andeo Ceosnope. Eobeet Myll. 

Jhone Symsone. James Jajiesone. 



364 



CHARTERS OF INCHMAHOME. 



[1583. 



87. Lea.se by David [Erskine], Commendator of Inchmahome, to James 
Seittoun of Tullibody, and John Seittoun bis Son, of the Teind- 
sbeaves of the Kirk of Lanye. — 1583. 1 

Be it kend till all men be thir present letteris, ws, Dauid, be the permissioun 
of God cominendatour of the pryorie of Inchemahomok and convent tbairoff, 
the weill, wtilitie and proffeitt of ws and our successouris alwyis foirseine 
and considderitt, with matuir deliberatioun had thairwpone, to haue sett and 
for meill lettio, as be the tennour heirof settis and for rneill lettis to our 
weilbelouittis James Seittoun of Tullibody, and Johne Seittoun his sone, the 
langest lewar of thame tua, successiue during all the dayis of thair lyftymes, 
and efter thair deceis to the airis, assignais, and subtennentis of the said 
Johne, for the spaice of nynteiue yeiris nixt thairefter, all and sindrie the 
teindschewis, fruittis, renttis, proffeittis, emolumentis and dewitteis of all 
and haill our parsonage of oure parroche kirk of Lanye, with the pertinentis, 
lyand within the dyocie of Dunblaine and shirrefdome of Peirth, pertening to 
ws as ane parte of the patrimonie of our said pryorie : Quhilkis teyndis the 
said James and his predicessouris lies possessit and had of auld in tak and 
assedatioun of our predicessouris and ws, the said James entrie thairto to be 
and begin at the day and daitt heirof, and fra thinfurth the saidis teynd- 
schewis, fruittis, rentis, proffeittis, emolumentis and dewitteis of our said 
parsonage, with the pertinentis, to be peciably bruikit, jossit, collectit, 
gadderit, sett, wssit and disponit be the said James and Johne his soue, the 
langest lewar of thame tua, during thair lyftyyrnes successiue, and be the 
spaice of nynteine yeiris nixt efter thair deceiss, be the said Johne, his airis, 
assignais and subtennentis foirsaidis, with all and sindry proffeittis, com- 
moditteis, privalegis and rychteous pertinentis pertening thairto, or that 

1 Original in the Charter-chest of the Earl of Mar and KelJie. 



1583.] LEASE OF TEINDS. 365 

richteouslie is knawin to aperteine thairto ; with power to thame to call 
the intromettouris and dettouris of the saidis teindschewis, proffeittis and 
ernolunientis foirsaidis yeirly sa oft as neid beis ; and to put inhibitiounis to 
the parrochinaris thairoff as they sail think expedient, lykas we mycht do 
our selffis, frielie, quietlie, weill and in peax, but reuocatioun, impediment or 
agane calling quhatsumewir : Peyand thairfor yeirly during the said spaice 
tbe said James and Johne his sone, his airis and assignais foirsaidis, to ws, 
our successouris, commendatouris of our said priory of Inchemahomo, our 
factouris and chalmerlanes in our name, the sowme of four scoir merkis 
money of this realme, at tua termes in the yeir, videlicet, Candilmes callit 
the Purificatioun of our Lady, and natiuitie of Sanct Johne the Baptist callit 
Midsummer, be equal portionis allanerly : And we forsuith with consent foir- 
said, and our successouris, sail warrand, acquiet, and defend this our tak and 
assedatioun to the saidis James Seittoun and Johne Seittoun his sone. . . . [etc]. 
In witnes of the quhilk thing to thir presentis subscriuit with our handis, the 
commoun seill of the said abbay is affixt, at Cardrus, the day off , the 
3 r eir of God j m v° four scoir and thrie yeiris, befoir thir witnessis, Mr. Eichert 
Halden, subdeane of Dunkell, Dauid Halden, brother german to John Halden 
of Glenhegeis, Dauid Home, Eobert Freland, arid Johne Moreson, our seruandis. 
Dene Wellem Stekuiling ad idem. Dauid Connnendatar off Inch- 
Dene Johin Baxter ad idem. mahomo. 

James Bkadfut ad idem. 

88. Lease by David Commendator of Inchmahome to Michael Elphinstone 
of the Teindsheaves of Gartincaber, etc. — 20th April 1587. 1 

Be it kend till all men be thir present letteris, ws, Dauid Commendatare of 

the abbay of Inchemahomo and convent thairof togidder convenit, for certane 

1 Original in the Charter-chest of the Earl of Mar and Kellie. 



366 



CHARTERS OF IXCHMAHOME. 



[1587. 



sowines of money, gratitudes, guid deidis and pleasouris thankfullie payit 
and done to ws be oure weilbelouit cousing, Michaell Elphingstoun, serui- 
toure domestik to oure souerane lord, quhairof we bald ws weill content 
and satisfeit, tending grittumlie to tbe defence of tbe patrimony of oure 
said abbay, and for diuers vtheris ressonabill caussis and cousideratiounis 
moving ws, tbe vtilitie and proffitt of ws and oure successouris alwyse 
at lentb foresene and considerit, eftir gude aduisement and deliberatioun 
bad beiranent, to haue sett and in tak and assedatioun lettin, and be tbe 
tennour beirof settis and in tak and assedatioun lettis to tbe said Michaell 
Elphingstoun, his airis and assignais, ane or ma, all and sindrie the teind- 
scheves off all and haill the landis of Gartincabir, Wester Spittiltoun, 
Murdochstoun, Ballintoun, and M c Corranestoun, with all and sindrie thair 
pairtis, pendiclis, annexis, connexis, and pertinentis quhatsumeuir, lyand in 
the parochine of Kilmadok, within the stewartrie of Menteith and schirref- 
dome of Perth, for all the space, dayis, yeiris, and termes of the said 
Michaellis lyftyrne, and eftir his deceis to his airis and assignais for all the 
space, dayes, yeiris, and termes of nynetene yeiris ; the said Michaellis entrie 
tbairto beand and begynnand at the feist of Lambmes nixtocum, the yeir of 
God j m v c fourescoir sevin yeiris, sua that this present tak sail indure for all 
the dayes of the said Michaellis lyftyme, and eftir his deceis, for the said 
haill space of nynetene yeiris but rupture or brek of termes ; and all and 
sindrie the teindscbeves of the saidis haill landis respectiue foirsaidis with 
thair pertinentis, to be peceablie collectit, gadderit, led, intromettit with, vsit 
and disponit vpoun be the said Michaell and his foirsaidis during his said 
lyftyme ; and eftir his deceis during the said space of nynetene yeiris : With 
full pouer to thame to rais, vse, and caus execute yeirlie inhibitiounis vpoun 
the heritouris, tennentis, occupyaris and possessouris of the foirsaidis landis, 
that nane of thame leid nor intromet with the teindscbeves thairof during 



1587.] LEASE OF TEINDS. 367 



the spaces respectiue foirsaidis, intent and persew all actioun competent 
thairanent, vptak, intromet with and dispone vpoun quhatsumeuir commoditie 
and proffit may result thairthrow ; with trie ische and entrie, and with all 
and sindrie vtheris commoditeis, fredomes, proffittis, esementis and richteous 
pertinentis quhatsumeuir pertening thairto, frelie, quietlie, weill and in peax, 
but ony reuocatioun, obstakle, impediment or aganecalling quhatsumeuir : 
Payand thairfore yeirlie, the said Michaell Elphingstoun, his airis and 
assignais, to ws and oure successouris, oure chalmerlanis and factouris in 
oure name, during the spaces respectiue foirsaidis, the sowme of nyne pundis 
sex schilling audit pennyis vsuall money of this realme, at tua termes in 
the yeir, Witsonday and Martimes in winter, be equall portiounis allanerlie : 
And we forsuith, the said is Dauid Commendatare of Inchemahomo, convent 
thairof, and oure successouris of the said abbay, this present tak and asseda- 
tioun to the said Michaell Elphingstoun, his airis and assignais, of all and 
sindrie the saidis teindscheves of all and haill the saidis landis of G-artincabir, 
Wester Spitteltoun, Murdochstoun, Ballintone, and M c Corranestoun, with all 
and sindrie pairtis, pendiclis, annexis, connexis, and pertinentis quhatsumeuir, 
lyand as said is, during the spaces respectiue foirsaidis, in all and be all 
thingis, as is abonewrittin, aganis all deidlie, but fraude or gyle, sail warrand, 
acquiet and defend. In witnes of the quhilk thing, to thir present letteris of 
tak subscriuit with oure handis the commoun seill of the cheptoure of oure 
said abbay is appendit, at Cardaruss, the tuentie day of Aprylle, the yeir of 
God j m v° foure scoir sevin yeiris ; befoir thir witnessis, Johne Carmichell, 
William Fargy, James Wre, and Johne Cars, my serwitouris. 

J. Carmichaell, witness. Dauid, Commendatar off Inchmahomo. 

Villiam Fargy, witnes. Dene James Bredfut. 

Dene Wellem Steeleng. 



368 CHARTERS OF INCHMAHOME. [1646. 



89. Eental of the Feu-duties of Inchmahome. — October 1646. 

Informatioun off the Few-meallis payed out off the temporal landis off the 
Priorie of Incheniahummoe. 

In the first, the landis off Arnepriour and mylne thairoff, and landis of Kept, 
pertening to Johne Buchannane of Arnepriour, and in wodsett to 
William Buchannane, payes yeirlie of few-meallis xv Hb. iij s. x 6!. 

The landis of Eister Garden, ..... ix Hb. vj s. viij 3. 

The landis of Blarecesnoche and Owire and Nethire Garturris, . vij Hb. 

The landis off Lochend, 1 s. The landis off Westire Poldure, . xl s. 

The landis off Eister Poldure, - . . . . xxxviij s. 

The landis off Arnewiccare, ..... iiij lib. viij s. xi d. 

The litill wairde off Gwiddie, . . . . . xxiij s. iiij d. 

The landis of Clerktoune, xlvj s. viij d. The kirklandis of Lanye, xxx s. 

[Memorandum.] — To trye how the kirklandis of Lanye ar haldin, and to 

whom they pay tliair few-dewtie. The Erlle of Perth and Laird of Lanye. 

The landis off Gartledenye alias Hiltoun. The landis off Arnecleriche. 

The landis callit Horniehaicke and the Bordland, . . . x Hb. 

The landis of Ballingrew, xliij s. iiij d. The landis of Drummannikloche. 

The mylne of Cardrose. 

The monasterie and precincte, with the yairdis and the Priouris medowe, 
fewit to the Erll off Monteythe, . . . . . xx §. 

Ane tenement off land in the toun off Striuiling and yarde callit the Priouris 
manse. 

The loche off Inchemahummoe and fischeing thairoff. 

The landis off Armawack. The kirklandis off the Porte. 

The kirklandis off Lintreathen. The kirklandis off Kilmadock. 

Ane house and yarde and rude off land in Dumbartane. The land in Eow. 



569 



APPENDIX 



OF 



MISCELLANEOUS PAPERS AND CORRESPONDENCE. 



I— PAPERS RELATING TO QUEEN MARGARET AS LIFERENTRIX OF 
THE LORDSHIP OF MENTEITH, THE CASTLE OF DOUNE, ETC. 1 

90. Obligation by William Edmonstone of Duntreath and others, to 
Margaret, Queen of Scots, for the safe keeping of Doune Castle, 
etc. — Dunblane, 29th September 1520. 

Be it kennd till all men be thir present lettres, ws, William e Edmonstoun 

of Duntreth, Johnne of Striueling of the Kere, knycht, George Schaw of the 

Knokbill, and Recharde Lekky of that Ilk, to be bundin and oblist, and be 

thir our present lettres, and the faith and treuth in oure bodijs, lelelie and 

treulie bindis and oblisis ws and ilk ane of ws, coniunctlie and seueralie, 

oure airis, executouris, and assignais, to ane richt excellent, hie, and michtj 

princes, Margaret, be the grace of God, Quene of Scottis, for the sikker and 

sure keping of the Castell and place of Doune in Menteth, quhilkis pertenis 

now to hir hienes be resoun of coniunct fie, furth of the handis of all vthir 

handis, and to be reddy at all tymes to ressaue hir hienes, oure souerane 

lord hir derest sone the Kingis grace, in the said castell and place at hir 

plesour, hir hienes or the Kingis grace makand thare expensis the tyme of 

thare being thare : Enduring all the tyme and space that the said Williame 

1 The Originals of these Papers are in the Charter-chest of the Earl of Moray at Donibristle. 

3 A 



370 PAPERS RELATING TO DOUNE CASTLE. [1520. 



or Archibald Edmonstoun his brother, quhilkis has takkis of the said castell 
and place, cum to thare perfite age of xxj zeris, and alse that nane man of 
grete autorite nor gret clan haue na autorite of the keping of the said 
castell vnder thame, nor zit sail ressaue na trespassouris nor brokin men in 
the said place, and alse sail mak hir hienes and hir chaumerlanis of hir 
lordeschip of Menteth, within all boundis of the Stewartry of the samyne, 
to be reddely ansuerit, pait, and obeit of all males, fermes, gressumys, mertis, 
mert siluer, irne, and all vthir dieweteis quhatsumeuer that pertenis or suld 
pertene to hir hienes, within all the boundis of the said lordschip and 
stewartry, of all termes to cum, and alse of all restis bigane, gif sa beis that 
Walter Buquhannan falzeis in the inbringing of the samyne, and gif mister 
be, that we sail pund and distrenze for hir saidis males and dieweteis, and 
mak the samyne to be inbrocht to hir hienes to the castell of Striueling, sua 
that hir hienes sail want na payment enduring the space and tyme forsaid ; 
and gif it sail happin the said Wilzam Edmonstoun or Archibauld his brothir, 
quhilkis for the tyme happinnis to haue the keping of the said place, to falze 
in the keping of the samyne, or to falze in the payment and inbringing of hir 
hienes males, fermes, mert siluer, and dieutez of hir said lordschip, the landis 
beand strenzeable, in that caise it salbe lefull to hir hienes to dispone apone 
hir said castell and keping thareof as scho thinkis expedient, nochtwith- 
standing ony takkis that thai happin to haue for the tyme to outryn of the 
sammyne ; and alse gif it sail happin hir hienes to want payment of her 
males, fermes, and dieuteis as said is, in that caise it salbe lesum to hir hienes 
to send and prise of our reddiest landis and gudis to the avale and quantite 
of the sovmes or restis that happinnis to rest vnpait for the tyme, and to the 
observing and keping of all and sindry the premissis, we and ilk ane of ws 
bindis and oblisis ws, our ayris, executouris, and assignais, coniunctlie and 
seueraly, to the said excellent and mychtj princes the Quenis grace, in the 



1-52.5.] QUEEN MARGARET REFUSED ADMISSION TO DOUNE. 371 



sikkerest stile and forme of obligacion but fraude or gile, and consentis and 

ordanis this band, contracte, and oblising, to be actit in forme of act in the 

officialis bukis of Dunblane, for the observing of the sammyne, vnder the 

panis of cursing. In witnes hereof we, the forsaidis lardis, has affixit our 

selis with our handis writtis, at the Dunblane, the xxix day of September, 

the zere of God j m v c and tuentj zeris. 

Willzem Edmonstoun of Duntreith. 

Jhone Striueling of ye Keir. 

Georg Schaw of the Knokhill, w* 

my hand at ye pen. 

Eechart Lykke of y* Ilk. 1 

91. Charge by Margaret, Queen of Scots, to William Edmonstone of 
Duntreath, to receive her within the Castle of Doune, with his refusal. 
—Stirling, 4th July 1525. 

Eegina. 
Thomas Eobeson, forsamekle as I purpois to pas and reman certane space 
within my place and castell of Downe, tharefore I charge ye, incontinent 
this my precept sene, to pas to William Edmonstoun of Duntretht, kepar of 
my said castell, to mak it rady for ressauying of me at this tyme, efter the 
forme of his band maid to me thareapone, and vnder the payns contenit 
tharein, committand to ye my full power thareto, bringand this precept agane 
with his answer. Subscriuit with my hand at Sterling, the ferd day of Julij, 
the zere of God j m v c and twenty fyve zeris. Margaret E 

The ferd day of July, the zere of God j m v c and xxv zeris, 1, Thomas 
Eobeson past at the command of this my souerane lady the Quenis gracis 

1 The seals of Edmonstone. Stirling, and Shaw are still affixed, in fair preservation. 



372 



PAPERS RELATING TO DOUNE CASTLE. 



[1527. 



precept, within writtyn, to William Edmonston of Duntretht, kepar of the 
castell of Downe, and desyi'it him to mak it rady for ressauyng of the Quenis 
grace at this tyrne, efter the forme of his band maid to hir grace thareapone, 
and vnder the panis contenit in the samyne. And the said William gaif 
me answer, sayand he wald ressaif hirself and hir gentillwomen, bot he wald 
nocht ressaif hir seruandis, and I declarit to him agane that hir grace wald 
nocht cum thar without hir seruandis effering till hir estait. And this I did 
befor thir witnes, Sir Thomas Zoungman, Chalmerlain of Menteth, Jhone 
Edmonston, and Archibald Edmonston, with vtheris diuerss ; and for the mair 
securite I haif affixit to my signet to this my indorsing, day and zere forsaid. 



92. Decree by the Lords of Council against William Edmonstone of 
Duntreath, to deliver up Doune Castle to the Queen within forty-eight 
hours.— Edinburgh, 11th July 1527. [Extract.] 

At Edinburgh, the xj day of Julii, the zere of God j m v c and xxvij zeris. The 
Lordis of Counsale vndirwrittin, that is to say, reuerend faderis in God, 
George Bischop of Dunkeld, Gawyne Bischop of Abirdene, Dauid Bischop 
of Galloway, noble and mychtie lordis, [George] Erie of Huntlie, Gilbert Erie 
of Cassillis, Archibald Douglas thesaurare, Maister Thomas Erskin secretare, 
James Coluile of Vchiltre comptrollare, Maister Adam Ottirburn of Auldhame, 
and Nichole Craufurd of Oxingang, justice clerk, anent our souerane lordis 
lettrez rasit at the instance of the Quenis grace aganis William Edmonstoun 
of Duntreith, that quhar he intromettis with hir castell and place of Dovne 
in Menteith, pertening to hir in coniunct fie, and will nocht suffir hir and 
hir seruandis to intromet with the samyn, and als anent the charge gevin to 
the said William Edmonstoun and all vtheris withhaldaris of the said place 
and castell, to deliuer the samin to the Quenis grace, or hir factouris, within 



1527.] EDMONSTOXE TO DELIVER UP DOUJfE CASTLE. 373 

xlviij houris nixt efter thai war chargit tliarto, vndir the pane of rebelliouu and 
putting of thaim to the home, or ellis to compeir befor the Lordis of Counsale 
the thrid day nixt tharefter, to schaw ane resonable cause quhy thai suld 
nocht do the saniyn, as at mair lenth is contenit in the saidis lettrez : The 
Quenis grace being personaly present, and the said William Edmonstoun lauch- 
fully summond to this actioun, oft timez callit and nocht comperit, the Lordis 
of Counsale decernis our souerane lordis lettrez to be direct simpliciter, aganis 
the said William Edmonstoun and all vtheris, withhaldaris of the said castell 
of Dovne in Menteith, to deliuer the saniin to the Quenis grace, or hir factouris, 
within xlviij houris nixt efter thai be chargit, vnder the pane of rebellioun, 
becaus thai war chargit of befor to deliuer the samyn to the Quenis grace, or 
hir factouris, within xlviij houris efter thare charge, vnder the said pane of 
rebellioun, or ellis to compere befor the saidis Lordis and schaw ane resonable 
caus quhy thai suld nocht do the samyne ; with certificatioun to thaim and 
thai failzeit, the Lordis wald decerne lettrez simpliciter aganis thame in the 
said matter, according to justice, and comperit nocht to the effect forsaid, and 
lettrez to be direct heirapone as efferis. Extractum de libro actorum per me 
Gavinum episcopum Aberdonensem, clericum rotulorum registri ac consilii 
supremi domini nostri regis, sub meis signo et subscriptione manualibus. 

Gawinus Dunbar. 



93. Warrant by King James the Fifth to William Edmonstone of 
Duntreath, to deliver up Doune Castle to the Queen. — 20th August 
1527. 

Rex. 
Weilbelouit freynd, we grete zou weil. And forsamekill as our derrest inoder 
the Quene lies optenit ane decreit of the Lordis of our Counsale, with our 



374 PAPERS RELATING TO DOUNE CASTLE. [1527. 

vtheris lettres thairupoun in diuerse formes, chargeing zou and the withhaldaris 
of our castell of Dovne in Menteith to deliuer the samyn to our said derrest 
nioder, or hir factouris, vnder diuerse panis specifyt in our saidis vtheris lettres, 
as the samin beris, quhilkis ze haue contempnandlie dissobeyit, quhairof we 
nierwell greitlie : Oure will is heirfor, and we charge zou stratelie, and 
commandis ze deliuer the said house and castell to our said derrest moder, or 
hir factouris, within xxiiij houris nixt eftir the sicht heirof, eftir the forme of 
the said decreit and our vtheris lettres past thairupoun, certifying zou and ze 
failze thairin, that we will cum in propir persoune and tak our said house fra 
zou to zour displesour ; and certify ws of zour ansuer heirin agane with this 
berar in writ, that we may remember thairone, as ze will ansuer to ws 
thairupoune at zour vter charge. Subscriuit with our hand and vnder our 
signete, at Edinburgh, the xx day of August, and of our regnne the xiiij zere. 

James E. 

To our weilbelouit freynd, William Edmonstoun of Duntreiff, etc. 

The xxiiij day of August, the zere of God j m v c xxvij zeris, I, Alexander 
Carmaig, messingere, passit at the command of the Quenis grace with this our 
souerane lordis patent lettre within writtin, to the castell zett of Dovne in 
Menteith, and thare I presentit the samin to Willeam Edmonston of Duntreiff, 
personaly apprehendit, quhilk ressauit the said lettre and ane copy of the 
samin, and quhen I desirit his ansuer in wryte, he said he wald obey the 
Kingis grace in all thingis, and bere his ansuer to his grace himself. And 
this I did befor thir witnes, Malcome Kynross, Eobert [Marrnoch ?], Donald 
Donaldson, and Edward Spittale, burges of Striueling and notar public ; and 
for mare securite herof, I haue affixt my signet, day, zere, moneth, and place 
forsaid. 



1527.] FURTHER PROCESS AGAINST EDMONSTONE. 375 



94. Sentence of the Lords of Council, refusing to liberate William Edmon- 

STONE of Duntreath from the decree of horning. — Edinburgh, 28th 
August 1527. [Extract.] 

At Edinburgh, the xxviij day of August, the zeire of God j m v c and xxvij zeiris, 
the Lordis, be sentence interlocutour, decernis that Williame Edmonstoune of 
Duntreith suld nocht be relaxit fra the home, nor haue place to persew the 
summondis raisit be him for retractatioune of ane decrete optenit be the 
Quenys grace aganis him, vnto the tyme the said Williame had obtemperit 
and obeyt the effect of the said decrete. Extractum de libro actorum per 
me Gavinum Episcopum Aberdonensem, clericum rotulorum registri ac con- 
silii supremi domini nostri Regis, sub meis siguo et subscriptione manualibus. 

Gawinus Dunbar. 

95. Letters by King James the Fifth, recalling the letters of release granted 

to William Edmonstone of Duntreath, and again denouncing him 
rebel.— Falkland, 20th October 1527. 

James, be the grace of God, King of Scottis, to oure louittis 
messingeris, greting. Forsamekill as throw circumwentioun and wrang 
informatioun maid to ws, we laitly gaiff our vtheris lettres to relax William 
Edmonstoun fra the proceis of oure home, led on him for non deliuerance 
to our derrest moder the Quene of Mr hous and castell of Dovne in Menteith, 
quhilkis letteris of relaxatioun we be thir presentis annullis and dischargeis, 
and will that the samyn haue na forthir strenth nor effect in tyme to 
cum, because that thai ar cinisterlie purchest be wrang informatioun, as 
said is, and will that the first lettres purchest be our said derrest moder, 
be quhilk the said Willliam wes procest to our home, haue strenth and 
effect ay and quhile the samyn be ordourly reducit, nochtwithstanding ony 



376 PAPERS RELATING TO DOUNE CASTLE. [1527. 



privat lettres purchest or to be purcheist at ws in the contrare, because 
the saidis lettres, purchest be our derrest moder, ar past apoun ane decrete 
of the Lordis of our Counsale, declaiming that our mynd is nocht to stoip 
sic lettres nor proces that passis be justice ; and geiff we gaif ony lettres 
in sic stoppin of justice, thai ar purcheist be wrang informatioun, as 
said is. Oure will is herefor, and we charge zow straitlie, and comniandis 
that ze, and ilkane of zow, incontinent thir our lettres be zow sene, pas 
and mak publicatioun and intimatioun to the said William of thir our 
lettres of suspentioun and declaratioun of the saidis vtheris lettres, cinisterlie 
purcheist be him as said is, to be of nane force nor awaile in tyme cumin ; and 
attour, that ze of new denunce him our rebell and putt him agane to our horn 
at all placis neidfull, eftir the forme of the saidis first lettres purchest be our 
said derrest moder, quhilkis lettres we will that ze of new execute ay and 
quhill he obey the charge tharof, or that he ourdourlie reduce the samyn as 
said is, and that ze charge all and syndrie our legeis, be oppin proclamatioun 
at our borrowis of Perth, Striueling, Dunbertan, and Linlithqw, that nane of 
thame assist, fortyfy, mayanteine, nor intercommone with the said "William sa 
lang as he remanis at our home, the quhilk to do we committ power to zow, 
and ilkane of zou, be thir our lettres be zow deulie execute and indorsat, to be 
deliuerit agane to our said derrest moder. Subscriuit with our hand, and 
gevin vnder our signet, at Faulkland, the xx day of October, and of our regnne 

the xv zera James P, 

96. Commission by Margaret, Queen of Scotland, to James Stewart, 

brother of Andrew, Lord Avandale, to be Captain of Doune Castle 

and Steward of Menteith.— 1527. 

Margaret, be the grace of God, Quene of Scotland, coniunct fear of the 

landis and lordschip of Menteith, to all and sindry quham it efferis, and quhais 



1527.] JAMES STEWART APPOINTED CAPTAIN OF DOUNE. 377 



knawiege thir our lettres salcum, greting. Wit ze ws, of perfyt and mature 

deliberacioune, for oure awin wele and singuler proffite, and for the commone 

wele of oure said lordschip, till haue maid, constitut, and ordinit, and be the 

tennour herof makis, constitutis, and ordinis oure traist familiare seruitour 

James Steward, bruther germane vnto oure cousing Androw Lord Avyndale, 

oure Steward of oure said lordschip of Menteith, and Capitane of oure castell 

of Dovne within the samyn, for all and sindry the dais and tennis of our 

liftyme, the entres of the said James in and to the said officis of stewardry 

and capitanry salbe at the feist of Witsonday nixt and immediat following 

the date herof; to be brukit and josit be the said James Steward during 

oure liftyme, as said is, with all and sindry proffitis, commoditeis, fredomes, 

asiamentis, and richtuus pertinentis pertenying and liand thairto be vse and 

wont, qukilkis William Edmonstoune of Duntreth, last Stewart and Capitane 

of oure said lordschip and castell, haid and josit for the said stewardry and 

capitanry, and in all sort and maner as he brukit the samyn. And attoure, 

we committ to our said seruitour James Steward, oure full power to substitut 

and deput vnder him in the said office of stewardry, ane or maa of smallare 

power and degree than him self for exerceing of that office, for quham he 

salbe haldin till ansuer till ws ; and richt sua till imput and output in oure 

said castell of Dovne, constabillis and vtheris necessaris officiaris for sure keping 

of the samyn till oure vtilite, for quham siclyke he salbe haldin till ansuer, 

and till obserue and kepe our said castell till oure behufe, and the samyn to 

be redy till ws at all tymmes quhen we sail charge [him]. And ferder, because 

we haue srret confidence and traist in oure said seruitour James Steward, we 

committ vnto him, be thir presentis, oure full power of chavmerlanrye within 

oure said lordschip, with strynth to substitute vnder him in that office quhat 

personis he sail thinke expedient for his help and oure vtilite and proffit, to 

lift, raise, vptak, and inbring all and sindry oure malis, fermis, gressomes, and 

3 B 



378 PAPERS RELATING TO DOTJNE CASTLE. [1527. 

dewiteis of the samyn zerlie and termlie during our lyftyrne, as said is, and, 
gif neid beis, to poynd and distrenze therfore as efferis ; ferme and stable 
haldand and for to bald all and quhatsumeuir thing, oure said seruitour James 
Stewart, be him self or his substitutis and deputis forsaid, in oure name in 
the premissis ledis to be done, in vsing of his officis of stewardry, capitanry, 
and chavmerlanrye abonexpremit. In faith and witnes of the quhilk thing 
to th[ir o]ure present lettres, subscriuit with oure hand, [oure] propfir sele] 
is affixt, at the day of the zere of God j m v c xxvij zeris. 

Margaeet E. 1 

97. Instrument narrating proceedings in the Court of the Stewartry of 
Menteith, declaring the expiry of tack to William Edmonstone of 
Duntreath, and appointment of James Stewart Captain of the Castle. 
— Doune Castle, 6th August 1528. 

In Dei nomine, amen. Per hoc presens publicum instrumentum cunctis pateat 
euidenter et sit notum, quod anno Dominice incarnacionis millesimo quingen- 
tesimo vigesimo octauo, men sis vero Augusti die sexta, iudiccione prima, 
Pontificatus sanctissimi in Christo patris, et domini, nostri domini Clementis 
diuina prouidencia Pape septimi, anno quinto. In mei notarii publici et 
testium infrascriptorum presencia, personaliter constitutus honorabilis vir 
Eobertus Callendar de Manere, balliuus serenissime et excellentissime 
principisse Margarete, Eegine Scocie.ac nobilis et generosiviri Henrici Steward, 
eius sponsi, per eosdem in hac parte specialiter ordinatus in actione et causa 
coram ipso balliuo, pro parte dicte excellentissime principisse suique sponsi 
prefati, contra et aduersus Willelmum Edmonstoun de Duntreth, mature 
auisatus de assessorum suoruin, communicato consilio, pro tribunali sedens,. 

1 A portion only of seal now remains. 



1528.] COURT OF THE STEWARTRY HELD AT DOUNE. 379 

prope castrum cle Down in Menteith in curia legittime affirmata, suuni 
decretum pronunciauit et prornulgauit in nostra Scotica et wlgari, cuius series 
seu tenor, vnacum titulo prefate curie, de verbo ad verbum sequitur, et est 
talis : — Curia excellentissime principisse Margarete, Regine Scocie, et nobilis 
viri Henrici Steward, eius sponsi, tenta apud Doun in Menteith, per honor- 
abilem virum Eobertum Callendar de Maner, eorum balliuum in hac 
parte specialiter constitutum, sexto die mensis Augusti anno Domiui 
millesimo quingentesimo vicesimo octauo, curia affirmata et sectis vocatis. 
The quhilk day, in the actioun and caus persewit be the Quenis grace and 
hir spous, aganis William Edmenstoun of Duntreith, to produce his lettir of 
tak of the capitanrye and keping of the castell of Down in Menteith, and 
of certane landis Hand within the lordschip of Menteith, pertenyng to hir 
grace in lifrent, allegeit maid be hir to the said William, and to here the 
samyn declarit expirit, extinct, and to be of nane avale, and the samyn to be 
frelie vsit, set, and disponit be hir grace in tyme to cum ; becaus the said 
William band and oblist him that he sulci resaue the Quenis grace within hir 
said castell, als oft as he suld happin to be requirit thareto within the terme 
of the said tak, and falzeing tharof the samyn to be expirit ; and the said 
William beand lauchfully requirit to ressaue hir within hir said castell in 
tyme of gret neid and mister, scho beand desolat of vtheris hir howsis, 
refusit to ressaue hir tharin, and for vtheris diuers causis, as at mare lynth is 
contenit in the summondis and precept direct in the said mater. The Quenis 
grace and hir said spouse, with thare aduocat, Maister Robert Galbraith, 
personaly present, and the said William Edmenstoun beand personaly and 
lauchfully summond and arrestit to this actioun, oftymmes callit and noclit 
comperit,lauchfull tyme of the day biddin, the richtis,ressouns, and allegatiouns 
for the Quenis grace beand herd, sene, vnderstand, and tharwith ryplie avisit, 
the forsaid baize, with avise of his assessouris, decretis, deliueris, and pronuncis 



380 PAPERS RELATING TO DOUNE CASTLE. [1528. 

that the tak maid he the Quenis grace to the forsaid William Edmenstoun 
of the capitanry and keping of hir castle of Down in Menteith, and of all 
vtheris hir landis quhilkis ar specifeit in the samyn, is extinct, expirit, and 
forfalt to the Quenis grace, to be frelie disponit tharupone during hir liftyme ; 
becaus the said William hand and oblist him that he suld ressaue the Quenis 
grace within hir forsaid castell als oft as it suld happin him to be requirit 
tharto, and thare to remane apoun hir expensis, and als to inbring to hir grace 
and hir chavmerlan all rnalis, fermis, and vthiris dewiteis of all and hale hir 
landis of Menteith zerlie, and siclyk of the restis awand, and falzeing tharof, 
the said tak to be expirit, and hir said castell and landis to be frelie disponit 
at hir plesour, nochtwithstanding the samyn, as at mare lynth is contenit in 
his lettres obligatouris vnder Hs sele and subscriptioun, producit, schewin, 
and red in jugement, and the said William refusit to ressaue hir grace within 
hir said castell, he beand lauchfully requirit tharto ; and als lies falzeit in the 
paying of the malis of the landis of Cultintogill, Brokland, Balmoris, Myltoun, 
Calzebuchquhalze, the bra of Cammys and the warde of Gwdy, liand within the 
said lordschip of Menteith, occupeit be the said William ; and in the inbringing 
of the malis of the landis of Duchray occupeit be George Buchquhannan of 
that Ilk, Corryquhrumby occupeit be Duncane Walterstoun, Buchquhoppill 
and Ballinton occupeit be Walter Buchquhannane, Blargarre occupeit be 
Bobert Steward, Buchquhoppill occupeit be Archibald Edmenstoun, liand 
within the said lordschip, extending in the hale to tua hundreth fourty aucht 
n or tharby, as wes clerlie and sumcientlie previt before the said baize in 
jugement, and ordinis preceptis to be direct tharupone as efferis. Post 
cuiusquidam decreti suprainserti pronunciacionem et promulgacionem, com- 
paruit in judicio quidam Johannes Edmenstoun in Cammysmore commorans, 
et protestabatur solemniter, nomine et ex parte vt asseruit prefati Willelmi 
Edmenstoun de Duntreith, in huiusmodi decreto principaliter nominati, quod 



1528.] PROTEST FOR EDMONSTONE, AND COUNTER PROTEST. 381 



quicquid factum fuerat per predictum balliuum coiitra dictum Willelmum 
Edmenstoun, eidem non cedat aliquo modo in preiudicium ; et, ex aduerso, 
comparens circumspectus vir, Magister Eobertus Galbrath, procurator seu 
prelocutor prelibate serenissime principisse suique sponsi antedicti, tunc 
personaliter presencium, et eo nomine obtulit se promptum et placatum 
predictum Johannem Edmenstoun, seu alium quemcunque, ad defendendum 
supratactam accionem pro dicto Willelmo Edmenstoun deDuntreith admittere, 
ostenso primitus per eosdem sufficiente mandato vel inuenta cautione de 
rato, vt moris est, et vlterius obtulit idem Magister Eobertus, procurator 
seu prelocutor antedictus, et eo nomine, in presencia prefate serenissime 
principisse suique sponsi predicti hoc idem mandancium et affirmancium, 
se assouerare sepefatum Willelmum Edmenstoun, seu quemcunque alium 
eius nomine, ad comparendum pro defensione supradicte actionis, et ad 
proponendum et allegandum omnes suas legittimas defensiones quibus 
vti vellent, pronunciacione et promulgacione suprainserti decreti in aliquo, 
non obstantibus, ita quod huiusmodi allegaciones et defensiones, sic pro- 
posite et allegate pro parte ipsius Willelmi Edmenstoun, vt exposuit, 
idem Magister -Eobertus eundem haberent locum tantamque vim et 
effectum, acsi in inicio Curie et ante pronunciacionem suprainserti decreti 
fuissent proposite et allegate : Et protestatus est solenniter ipse magister 
procuratorio nomine quo supra, quod prefatus Willelmus Edmenstoun impos- 
terum allegare non poterit quin ipse suique amici, vel alii quicunque suo 
nomine, pro huiusmodi actionis defensione et tuicione, cum secura et firma 
asseuerancia prefate illustrissime domine regine suique sponsi antedicti, ac 
alias cum omni beniuolencia, secundum formam et exigenciam juris admitti 
videbantur : Quibus peractis, honorabilis vir Jacobus Steward, frater ger- 
manus prefati nobilis et generosi viri Henrici Steward, quamdam cartam 
pergamino seriptam, magno sigillo serenissimi domini nostri Eegis sigil- 



382 PAPERS RELATING TO DOUNE CASTLE. [1528. 



latam, de data apud Edinburgh decimoquarto die mensis Julij, anno Domini 
millesimo quingentesimo vigesimo octauo, ac sue serenitatis regni anno 
decirnoquinto, eidem Jacobo Steward confectam per prefatum serenissirnurn 
dominum nostrum Eegem modernum, cum expressis consensu et assensu pre- 
late illustrissime domine nostre regine, de [et] super custodia et capitania dicti 
castri de Down, vnacum officio senescallatus de Menteith, pro toto tempore 
vite ipsius Jacobi, prout in huiusmodi carta per me, notarium subscriptum, 
lecta et intellecta, latius continetur : Quamquidem cartam sua serenitas ad 
se gratanter recepit per humilem exhibicionem predicti Jacobi Steward, ea 
qua decuit reuerencia, ad manus sue serenitatis desuper factam, eandemque 
cartam, cum expressis consensu et assensu dicti sui sponsi, tunc presentis et 
consencientis in omnibus suis punctis et articulis, sua serenitas ratificauit 
et approbauit, prout per hoc presens publicum instrumentum ratificat et 
approbat, volens et decernens huiusmodi cartam tantorum vigoris et roboris 
esse, eundemque per omnia effectuni sortiri debere, acsi ipsa eadem carta post 
suprainserti decreti pronunciacionem et promulgacionem confecta esset et 
concessa ; Insuper, ipsa serenissima domina Eegina, cum consensu et assensu 
prefati sui sponsi, dictum Jacobum Steward, capitaneum et senescallum 
antedictum, in et ad huiusmodi capitaniam necnon senescallatus officium, 
secundum vim, formam, effectum et continentiam prefate sue carte desuper 
concesse, realiter et cum effectu intrauit et recipi fecit, ac eciam in facie 
publica predicte curie sua serenitas solemniter mandauit omnes libere 
tenentes aliosque inhabitantes terrarum et dominii de Menteith, ad prompte 
parendum et obediendum eidem Jacobo Steward, tanquam vero et indubitato 
capitaneo predicti castri de Down ac senescallo de Menteith antedicto, 
suisque deputatis, et nulli alteri, pro toto tempore vite ipsius Jacobi, in 
omnibus et per omnia, secundum vim et continentiam sepefate sue carte 
desuper, vt prefertur, concesse et confecte : Super quibus omnibus et singulis 



1528.] JAMES STEWART APPOINTED STEWARD OF MENTEITH. 383 



predicti Magister Eobertus Galbraith, procurator seu prelocutor antedictus, 
et eo nomine, ac eciarn Jacobus Steward pro se, a me, notario publico sub- 
scripto, sibi fieri hincinde vnum vel plura publicum seu publica mutuo 
petierunt instrumentum aut instrumenta. Acta fuerunt bee prope castrum 
de Down, in publica facie predicte curie, bora vndecima antemerediem, vel 
eocirca sub anno, die, mense et pontificatu quibus supra ; presentibus ibidem, 
nobilibus et generosis viris et dominis Jacobo comite Mor'auie, Andrea domino 
Avindale, Arcbibaldo Campbell magistro de Ergile, Johanne Striuiling de 
Keyre, milite, Andrea Galbraith de Culcreucbt, et domino Waltero Steward 
vicario de Abirnethy, cum multis aliis testibus ad premissa vocatis pariterque 
rogatis. 

Et ego Alexander Turing artium magister, Abirdonensis diocesis presbiter 
[etc. in forma communi]. 



98. Commission by King James the Fifth to James Stewakt, Captain of 
Doune Castle, as Steward of the lordship of Menteith. — 8th August 
1528. 

Jacobus, Dei gracia, Eex Scotorum, omnibus probis hominibus suis ad quos 
presentes litere peruenerint, salutem. Sciatis quia dilectus noster Jacobus 
Stewart, per ipsius supplicationem consilii nostri dominis porrectam, exposuit 
quod habet per nostras donacionem et assedacionem, cum consensu carissime 
matris nostre regine, capitaniam siue custodiam castri nostri de Dovne in Men- 
teith, cum certis aliis terris, vnacum officio senescallatus nostri de Menteith, 
prout in sua litera assedacionis sibi sub nostro magno sigillo desuper confecta 
plenius continetur. Nos igitur, ex dictorum dominorum deliberacione, com- 
misimus, proxit tenore presencium committimus, dicto Jacobo nostram 
plenariam potestatem et mandatum speciale, officio senescallatus nostri de 



384 PAPERS RELATING TO DOUNE CASTLE. [1528. 



Menteith antedicto, secundum tenorem,formam et effectum dictarum nostrarum 
literarum assedacionis et donacionis vtendi, ac officiarios et ministros ad 
dictum officium necessarios creandi, deputandi, ordinandi et jurari faciendi, 
pro quibus respondere tenebitur, et generaliter omnia alia et singula faciendi, 
gerendi et exercendi, que in premissis et circa ea necessaria fuerint seu 
quomodolibet oportuna. Eatum et gratum habentes et habituri totum et 
quicquid dictus Jacobus, senescallus noster de Menteitb antedictus, sui ve 
deputati et officiarii ac rninistri, in vsu et exercicione dicti officii rite duxerit 
seu duxerint faciendum. Datum sub testimonio magni sigilli nostri apud 
Striuiling, octavo die mensis Augusti, anno Domini millesimo quingentesimo 
vicesimo octauo, et regni nostri decimoquinto. 

99. Commission by Margaret, Queen of Scotland, with consent of Henry, 
Lord Methven, her husband, to James Stewart his brother, to be 
Captain of Doune Castle, and Steward and Chamberlain of Menteith.- — 
1st September 1528. 

Margaret, be the grace of God, Quene of Scotland, conjunct fear of the landis 
and lordschip of Menteith, to all and syndry quhome it efferis, quhais 
knawlege thir oure lettres sal cum, greting. Wit ze ws, witht perfit and mature 
deliberacioun, for oure awin wele and singulare proffett, and for the commone 
weill of oure said lordschip, witht express consent and assent of oure derrest 
spouse, Henry Steward of Methven, to haue maid, constitut, and ordanit, 
and be the tennour of thir presentis makis, constitutis, and ordinis oure traist 
familiare seruitour, James Steward, brothir german to oure said derrest spouse, 
oure Stewart of oure said lordschip of Menteith, and capitane of oure castell 
of Down within the samyn, for all and sindry the days and termes of oure 
liftyme, the entres of the said James in and to the saidis offices of stewardry 



1528.1 LANDS PERTAINING TO CAPTAINSHIP OF DOUNE. 385 



and capitanry salbe at the making herof, to be broukit and josit be the said 

James during oure liftyme as said is, witht certane landis vnder writtin 

pertenyng to the capitanry and keping of oure said castell, that is to say, ten 

mark land of auld extent of Estir Frew, five mark land of auld extent of 

Myddle Frew, five mark land of auld extent of Wester Ergady, aucht pound, six 

shillingis, aucht penne land of auld extent of Drumcamsy and Bellekeraucht, 

five pound land of auld extent of the Kerss of Cammyss, witht the myln and 

cruvis of Down, and fisching of lowis and stankis of Lugnok, Lochbanaquhare 

and Gudy, witht all thair pertinentis, and witht all and syndry vtheris pro- 

ffettis, commoditeis, fredomes, asiamentis and rychtuus pertinentis, pertenyng 

and liand thairto, be wse and wount, quhilkis William Edmenstoun of Duntreth, 

last stewart and capitane of oure said lordschip and castell, had and josit for 

the said stewartry and capitanry, and in all sort and maner as he broukit the 

samyn. And attoure, we commit to oure said seruitour James Steward oure 

full power to substitut and deput vnder him in the sa id office of stewardry ane 

or maa of smallare degre than him self, and of smallare power, for excersing of 

that office, for quhaute he salbe haldin to ansuer till ws, and rychtsua to imput 

and output in oure said castell of Down constabillis and vtheris officiaris 

necessaris for sure keping of the samyn to oure vtilitie and proffet, for 

quham siclik he salbe haldin to ansuer, and to obserue and kepe treulie 

oure said castell to the behalf of ws and oure said derrest spouse, and 

the samyn to be reddy to ws and oure said spouse at all tymmes quhen 

we sail charge. And ferder, because we have gret confidens and traist 

in the said James oure seruitour, witht express avise and consent of our 

said derrest spouse we commit vnto the said James be thir presentis 

oure full power of chavmerlanry within the said lordschip, witht strynth 

to substitut vnder him in that office sic personis as he sail think 

expedient for his help and our vtilite and proffet, to lift, raise, vptak and 

3 C 



386 PAPERS RELATING TO DOUNE CASTLE. [1528. 

inbring all and syndry our malis, fermes, gressomes and dewiteis of the samyn 

zerly and termly during our liftyme as said is, and gif neid beis to pvynd and 

distringze tharefor as efferis ; firme and stable balding and for to hald all and 

quhatsumeuir thing, oure said seruitour James Steward and capitane forsaid, 

be him self and his substitutis and deputis forsaid, in oure name in the 

premissis ledis to be done, in vsing of his officis of stewardry, capitanry, and 

chavmerlanry abone expremit. In faith and witness of the quhilk thing, to 

thir oure present lettres, subscruit witht oure hand and witht the hand of 

oure said derrest spouse, in takyning of his consent to the samin, oure propre 

sele is affixt, at Striuiling, the first day of September, the zere of God j m v c 

tuenty and aucht zeris. 

Margaret R 

Henry, Lord Methwex. 



100. Grant by Margaret, Queen of Scotland, and Henry, Lord Methven, 
her Spouse, in favour of James Stewart, of the Captaincy of Doune 
Castle, with the Stewartry, etc., of Menteith. — Stirling, 8th September 
1528. 

Be it kend till all men be thir present letteris, ws, Margarete, be the grace 
of God, Qwene of Scotland, coniunct fear of the landis and lordschip of 
Menteth, liand within the sherefdome of Perth, weill and ripelie avisit for 
oure avn singular proffit and commoun weill, justice and polecy to be had 
within our said lordschip, with express consent and assent of oure derrest 
spous, Henry Lord Methven, to haue maid, constitute, and ordanit, and be 
thir present lettres makkis, constitutis, and ordanis oure richt traist and 
familiar seruitoure, James Stewart, bruther germane to oure said derrest spous, 
our stewart of oure said lordschip of Menteth, and capitane of our castell of 



1528.] DUTIES OF THE STEWARD OF MENTEITH. 387 



Dovne, Hand within the boundis of the samyn, and als to haue gevin and 
grantit, and be the tennour heirof gevis and grantis to him all and sindry 
the landis vndenvrittin, in his fee, for vsing and exerceiug of the saidis 
offices of stewartry and capitanry for all the dais and termes of oure liftyme, 
quhilkis landis Willianie Ednionstoun, oure stevvart of Menteth and capitane 
of Dovne for the tyme, had and broukit in his fe of befoir ; that is to say, 
ten mark land of aid extent of Estir Frew, five mark land of aid extent of 
Myddill Frew, five mark land of aid extent of Westir Argade, aucht pund, 
sex schilling audit penny worth of land of aid extent of Drumcamse and 
Ballikeroch, five pund land of aid extent of the Kerse of Cammys, with the 
myll and cruvis of Dovne, and fischeing of the lowis and stankis of Lugnok, 
Lochbanachar, and Gude, with all and sindry thair pertinentis, liand within 
the lordschip and sherefdoine foirsaidis, the entere of the said James in and 
to the saidis officis of stewartry of oure said lordschip of Menteth and 
capitanry of oure said castell of Dovne, and to the foirnenimit landis and 
fischeingis, with all thair pertinentis, to begin the day of the dait of thir 
present lettres, and thaireftir to indure and peciablie to be broukit, joisit, 
vsit, and exercit induring oure liftyme, siclike and als frelie in all and be all 
thingis as ony vthiris capitanis or stewartis had and broukit the saidis officis 
of befoir ; with power to the said James to mak deputis vnder him, con- 
stabillis and keiparis of the said castell, and deputis in the said office of 
stewartry [of] Menteth, ane or ma, sic as he thinkis expedient, and thame to 
remoif, change, input and output, als oft as he plesis, for quham he salbe 
haldin to ansuer, and with power to him and his deputis in the said office 
of stewartry, ane or ma stewart courtis of the saidis landis and within the 
boundis of the said office to set, begyn, afferme, hald and continew als oft as 
neid beis, sutis to mak be callit, absentes to amerciat, trespassouris to pvnis, 
vnlawis, amerciamentis, and eschetis of the saidis courtis to ask, lift, raise, 



388 



PAPERS RELATING TO DOUNE CASTLE. 



[1528. 



and for the samin, gif neid be, to poynd and distrenze, clerkis, seriandis, 
dempstaris, and all vthiris officiaris and membris of court neidfull to the said 
office and vsing thairof to mak, creat, substitute and ordand, for quhani he 
sail inlikewise be haldin to ansuer ; and als we haue maid, constitute, and 
ordanit, and be thir present lettres makkis, constitutis, and ordanis the said 
James and his substitutis, quhilkis we gif him power to mak, and for quham 
lie salbe haldin to ansuer, oure verray lauchfull and irreuocabill chalmerlanis 
of all and sindry oure saidis landis and lordschip of Menteth, for all the dais 
and termes of oure liftyme, gevand, grantand, and committand to oure saidis 
chalmerlanis oure full, fre, and plane power, speciall mandment, express 
bidding and charge, for ws and in oure name, the males, firmes, grassumes, 
proffitis and dewiteis of oure saidis landis and lordschip, to gadder, ressaue, 
ask, lift, raise and intromet, and the samin to ws to inbring, and gif neid be 
to poynd and distrenze thairfor, and generalie all and sindry vthiris thingis to 
do, exerce, and vse that to the office of stewartry, capitanry, and chalmerlanery 
in sic caisis as is abone writtin of law or consuetude ar knawin to pertene. 
For vsing and exerceing of the quhilkis offices of chalmerlanery we gif, grantis, 
and assignis to the said James be the term oure of thir presentis, siclike feis and 
dewiteis as Sir Thomas Zoungman, chapellane, now our chalmerlane of the said 
lordschip, hes and gettis thairof; and als we gif, grantis, and assignis to the 
said James all males, grassumes, and dewiteis of oure landis of the milltoun 
of Dovne, quhilkis oure seruitrice Cristiane Eaa now hes and broukis of ws 
for all the dais and termes of oure lifetyme, eftir the deces of the said Cristiane, 
and the said James and his substitutis sail entir to the vsing and exerceing of 
the said office of chalmerlanery of oure said lordschip the day of the dait of 
thir presentis ; ferme and stabill haldand and for to hald all and quhatsum- 
euir thingis the said James, be himself, his deputis, seruandis, constabulis, 
and substitutis in the saidis officis of stewartry, capitanry, and chalmerlanery 




1528.] AGREEMENT— EDMON STONE AND STEWART. 389 

lauchfullie ledis to be done. In witness of the quhilk thing, to tliir present 
lettres subscriuit with oure hand oure seill is to hungin, togidder with the seill 
and subscriptioun of oure said derrest spous, in takin of his consent and assent 
to the premissis, at Striueling, the aucht day of September, the zere of God 
ane thowsand five hundreth and twenty aucht zeris, befoir thir witnes, Sir 
Walter Stewart, Robert Kalendare of Manyre, James Dog, Sir Williame 
Alexander, and Andro Stewart in Culrosschire, with vthiris diuerss. 

Henky, Lord Methven. 

101. Instrument of Agreement between James Stewart, Captain of Dovme 
Castle, and William Edmonstone of Duntreath. — 23d September 1528. 

In Dei nomine, amen. Per hoc presens publicum instrumentum cunctis 
pateat euidenter et sit notum, quod anno Dominice Incarnacionis Millesimo 
quingentesirno vigesimo octauo, mensis vero Septembris die vigesima tercia, 
indiccione prima, pontificatus sanctissimi in Christo patris et domini nostri 
domini dementis, diuina prouidencia Pape septimi, anno quinto, in serenis- 
sime et illustrissime principisse ac domine Margarete, Dei gracia, Scocie 
Regine meique notarii publici ac testium infrascriptorum presencia, personaliter 
constituti honorabiles viri, Jacobus Steward, Capitaneus de Down in Menteith, 
et WilleLmus Edmenstoun de Duntreth, post factam et finitam concordiam 
inter prefatam serenissimam dominam Eeginam, ac nobilem et generosum 
virum dominum Henricum Steward, dominum de Methvene, sue serenitatis 
carissimum coniugem, ab vna, et predictum Willelmum Edmenstoun ab altera 



390 



PAPERS RELATING TO DOUNE CASTLE. 



[152 8 



partibus, communicantes et colloquentes pro perpetua amicitia inter ipsos 
Jacobum Steward et Willelmum Edmenstoun habenda et tenenda; Idem 
Jacobus palam exposuit quod ipse Jacobus quamdam literam assedacionis 
certarum terrarum, quas idem Willelmus prius in assedacione habuit, infra 
Senescallatum de Menteith jacentium, per predictam serenissimam dominam 
Keginam sub sue serenitatis sigillo et subscriptione, necnon sub manuali 
subscriptione prefati sui coniugis, pro toto tempore vite ipsius Jacobi, desuper 
confectam, ac etiam vnam cartam concessionis et donacionis custodie castri de 
Down, cum certis terris eidem pertinentibus et in huiusmodi carta specificatis, 
vnacum officio Senescallatus de Menteith, per supremum dominum nostrum 
regem modernum, cum expressis consensu et assensu prelibate serenissime 
domine Kegine, sub magno sigillo regio, etiam pro toto tempore vite ipsius 
Jacobi Steward donatam et concessam, habet et possidet, in quibus idem 
Jacobus Steward beniuolenciam et ratihabicionem prefati Willelmi Edmen- 
stoun, qui huiusmodi terras, cum custodia castri et officio Senescallatus 
supraspecificatis, pro toto tempore vite sue prius habuit, instanter et amica- 
biliter peciit. Quiquidam Willelmus Edmenstoun, ex deliberato animo ac 
suo proprio moto, vt apparuit, assedacioues terrarum, vna cum custodia castri 
de Down et officio Senescallatus de Menteith, in fauorem dicti Jacobi Steward, 
vt prefertur, donatas et concessas, affirmauit dicendo se esse bene contentum 
et placatum de eisdem. Vlterius idem Willelmus dictum Jacobum, tanquam 
specialem sibi amicum, ad manus humaniter recepit, amiciciam et fidem sibi 
Jacobo promittendo ; Viceuersa, ipse Jacobus dicto Willelmo legalitatem et 
amiciciam similiter promisit pro viribus hincinde mutuo duraturas. Super 
quibus omnibus et singulis prefatus Jacobus Steward, capitaneus antedictus, 
a me notario publico subscripto, sibi fieri peciit vnum seu plura publicum vel 
publica instrumentum aut instrumenta. Acta fuerunt hec infra predictum 
castrum de Down, hora septima post merediem, vel eocirca, sub anno, die, 



1529.] QUEEN MARGARETS SUMMONS TO EDMONSTONE. 391 

mense, indictione et pontifieatu quibus supra, presentibus ibidem honorabilibus 
et discretis viris, Domino Waltero Steward, elimosinario predicte Domine 
Eegine, Domino Thoma Zoungman, vicario de Pett, Dimblanensis diocesis, 
Johanne Edmenstoun, seniore, Bartholomeo Balfoure et Jacobo Dog, juniore, 
testibus ad premissa vocatis pariterque rogatis. 

Et ego Alexander Turing, artiurn magister Abirdonensis diocesis, 
presbyter sacra apostolica auctoritate notarius publicus, etc. [in 
forma communi\. 

102. Precept by Margaret, Queen of Scotland, to summon William 
Edmonstone of Duntreath, and other tenants, to her Bailie Court at 
Edinburgh.— [Edinburgh], 12th March 1529. 

Eegina. 
Margaret, be the grace of God, [Quene] of Scotland, till our luffit Walter 
Dog, our rnayr of fe within our lordschip of Menteth : Forsamekill as for 
certen materis we hef ado presen[t]ly wythin our said lordschip, this precept 
sein, ze sail pas til all paris kirkis wythin zour office and bowndis thairof, 
and in our name and behalf, and in the name of our darrest spous, Henry 
Lord of Methwen, and thair warin and charg all and sindry our tenentis, 
fewaris, and all vtheris heffand landis of ws in assedacion, wythin all the 
bowndis forsaid, till compeyr befor ws, our sp[o]ws or our balzeis, in our court 
to be haldin in Edinburgh, in the Tolbwtht of the sammin, vpon Setterday, 
the nynt day of Apryll nixt to cum ; and atour, ze sail pas to Williem 
Edmeston of Duntreth, and personaly warin the said Williem, or at his 
dwelling place within Mentethe, of Cammes Wallace, till compeyr befor ws 
or our balzeis the said day and place, and this ze do be opin proclamation at 
all the placis forsaidis, as ze will ansuer to ws thairvpon. Subscryuit wyth 



392 



PAPERS RELATING TO DOUNE CASTLE. 



[1529. 



our hand, togither wyth the suhscripcion of our darrest spowis forsaid, and 
wnder our singnet the xii day of Merche, in the zeir of God m°v c xxix zeris. 1 

Margaret E. Henry, Lord Methven. 



103. Precept of Behoving, directed by Margaret, Queen of Scotland, 
against William Edmonstone of Duntreath, and other tenants of her 
lands of Menteith— Edinburgh, 12th March 1529. 
Mekgret, Quene of Scotland, to oure louittis, Walter Dog, Androw Doin, 
oure officiaris in that part, coniunctlie and seueralie, specialie constitute, 
greting. We, with auise and consent of oure derrest spous, Henry, Lord of 
Methven, chargis zow that incontinent this our precept sene, ze pas to the 
landis and housis of the Miltoun of Cammus, the Bra of Cammus, the Ward 
of Gudy, the Newtoun of Doun, Ballemorist, Cailzeboquhailze, Brokland, 
Cultentogill, Brigend, Wester Dowar, Grodicht, Achinherd, and the mark 
land of Glenman, liand in the lordschip of Menteth, within the sherefdome 
of Perth, pertenyng till ws in coniunct fee, and thair warn William Edman- 
stoun of Duntreth, and all vtheris intromettouris with our saidis landis or 
ony part thairof, to remoif thame and thair gudis thairfra at the nixt term of 
Witsonday, to be set, vsit, and disponit be ws, our chalmerlanis and factouris, 
with certification and thai do in the contrare, thai salbe haldin and repute 
violent possessouris, and to refound and pay till ws the profittis that we 
mycht haue of the saidis landis and thai war occupyit with our awin gudis, 
and this one na wyse ze laif one done, committand to zow, coniunctlie and 
seueralie, our full power thairto. Gevin vnder our signet, and subscriuit 
with our hand and with our said derrest spous, at Edinburgh, the xij day of 
Marche, the zere of God j m v c and tuenty nyne zeris. 2 

Margaret E. Henry, Lord Methuen. 

1 Two executions are indorsed, dated 20th and summons made in terms of the precept, 
and 21st March 1529, certifying proclamation 2 The Queen's signet is still impressed. 



1530.] STEWART ACQUITTED BY THE LORDS OF COUNCIL. 393 



104. Decree of the Lords of Council, acquitting James Stewart, 
Captain of Doune, from the Summons raised against him by William 
Edmonstone of Duntreath. — Perth, 6th December 1530. [Extract.] 

At Perth, the yj day of December, the zere of G-od j m v c and xxx zeris, the 
Lordis of Consale vnderwrittin, that is to say, ane maist reuerend and reuerend 
faderis in God, Gawyne Archibischop of Glasgw, Chancelar, Gawyne Bischop 
of Abirdene, Alexander Bischop of Murray, James Bischop of Boss, noble 
and mychtie Lordis, Williame Erie of Monthros, venerable faderis in God, 
Jhone Abbot of Jedburgh, Jhone Priour of Pettynwerne, Patrik Lord Gray, 
Jhone Lord Forbes, Laurence Lord Oliphant, Alexander Lord Levingstoun, 
Williame Lord Buthven, and Maister Eichert Bothuile, Channoun of Glasgw, 
anent the summondis rasit at the instance of William Edmonstoun of 
Duntreith and James Edmonstoun, aganis James Steuart, capitane of Doune, 
and Bartilmo Balfour, for the wrangous, violent, and maisterfull spoliacioun, 
be thaim self, thair seruandis and complicis, in thair names, of thair causing, 
command, assistence and ratihabicioun, away takin and withhalding fra the 
saidis William Edmonstoun and James Edmonstoun, in the nioneth of 
Merche last bipast, of thir gudis pertening to thaim as thair awn propir 
gudis, and than being in thare possessioun, apon the landis vnderwrittin, 
that is to say, fra the saidis William Edmonstoun, out of the landis of 
Myltoun of Cammis of ij chaldir of aitis, and furth of the landis of Neutoun 
of Dovne xxiiij bollis of aitis, price of the boll with the fodir, x s. ; and 
fra the said James Edmonstoun furth of the landis of the Bray of Cammis 

Indorsed on the Precept are three executions 1529, they had passed to various places, and 
by the messengers above designed, certifying warned the tenants in terms of the precept, 
that on the 3d, 5th, and 6th days of April 

3 D 



394 PAPERS RELATING TO DOUXE CASTLE. [1530. 

of thre chalderis of aitis, price forsaid, as at mair lenth is contenit in the 
said summondis ; the saidis James Steuart and William Edmonstoun beand 
personaly present, and the saidis James Edmonstoun comperand be the 
said William, and the said Bartilmo be Henry Lord Methven thair procura- 
touris, the Lordis of Couusale assolzeis the saidis James Steuart and Bartilmo 
Balfour fra the peticioun of the saidis William Edmonstoun and James 
Edmonstoun, and fra the said summondis as it is now libellit, and decernis 
them quyte thairof in tyme to cum, and lettrez to be direct heirapon. 
Extractum de libro actorum per me dominum Alexandrum Scott, deputatum 
reuerendi in Christo patris et domini Gavini episcopi Abirdonensis, clerici 
rotulorum registri ac consilii supremi Domini nostri Regis, sub meis signo 
et subscriptione manualibus. 

Alexander Scott. 



105. Agreement between James Stewart, Captain of Doune, etc., and 
William Edmonstone of Duntreath, settling the matters in dispute 
betwixt them, of date 9th November 1531. — [Extract dated Edinburgh, 
1st February 1531.] 

At Edinburgh, the first day of Eebruar, the zeir of God j m v c xxxj zeris, in 
presens of the Lordis of Consell vndirwrittin, that is to say, ane maist 
reuerand father in God, Gawane Archebishope of Glasgw, Chancelar, ane 
noble and mychty lord, Johne Erie of Leuenox, ane venerable father in God, 
James Abbot of Dryburgh, Bobert Lord Levingstoun, Henry Lord Methven, 
Audro Lord Avandaill, Maister George Lokhart, Brovest of Crechtonn, 
comperit James Stewart, Stewart of Menteitht, on that ane part, and William 
Edmestoun of Duntretht on that vther part, and gaif in this appointment 



1531.] THE KEEPER AND EX-KEEPER OF DOUNE CASTLE. 395 

vndirwrittin, subscriuit with thair liandis, and desirit the sam to be registrat 
in the bukis of Consell, and to liaif the strenth and effect of the Lordis decrete ; 
the quhilk desire the said Lordis thocht ressonable, and thairfor ordanis the sam 
to he insart in the bukis of Consell, and to haif the strenth and effect of tbair 
decrete in tyme to cum, and ordanis lettres be direct to command and charge, 
compell and distrenze bayth the saidis parteis, for the fulfilling thairof in all 
pointtis as efferis, of the quhilk the tenour followis : — At Edinburgh, the x 
day of Nouember, the zere of God j m v c xxxj zeris, it is appointit and 
concordit betuix honerable men, that is to say, James Stewart of Menteitht, 
on that ane part, and William Edmenstoun of Duntretht, on that vther part, 
in maner, forme, and effect as efter followis ; that is to say, for eschewing of 
pley, cost, and expenssis of baytht the saidis parteis anent the clame and 
rycht of the Stewartry of Menteitht and captaneschip of Dovne in Menteitht, 
clamit be the said James to pertene to hym heretablie in fewferme, and 
clamit be the said William to pertene to hym be ressoun of gift, tak, and asse- 
datioun induring the liftyme of our souerane lady the Quenis hienes, and for 
amite and kyndnes to be had amangis the saidis parteis in tyme to cum, it is 
finale aggreit betuix the saidis parteis of thair fre motive willis, oncompellit or 
coactit, that the said James Stewart sail, betuix the dait herof and the feist of 
the Natiuite, callit Zuile, nixt therefter followand, resigne in our souerane 
lordis the Kingis handis thir landis vnderwrittin ; that is to say, all and haile 
the five pundis worth of land of the Bray of Cambus, the five Kb. worth of 
land of the Mylton of Cambus, with the mylne of the samin, the tane half of 
the landis of Brokland Estir, extending to five merkis wortht of land 
quhilk Ewin Mackvaa now occupiis, four merkis wortht of land callit Balle- 
morist, fourty shillingis wortht of land of Calzeboquhalze, the xl s. wortht of 
land of the Ward of Gudy, extending in the haile to xx u pundis worth 
of land of aid extent, with ther pertinentis, Hand within the stewartre 



396 PAPERS RELATING TO DOUNE CASTLE. [1531. 



of Meriteitht and sherefdome of Perth, in fauouris of the said William 
Edrnestoun of Duntretht, his airs and assignayis, and sail optene and get 
to the said William ane signatour apoun the donatioun and gift of the 
foirnamyt landis, to be gevin to him, his airs and assignayis, heretablie in 
fewferme, with the consent of our souerane lady the Quenis grace, life- 
rentar of the saidis landis, in the best forme the said William can dewise, 
be men of vndirstanding, sic ovircom expenssis to be maid be the said 
William therapone. For the quhilk resignacioun and infeftment to be to the 
said William, his airis and assignais, in the foirnemmit xx lib. wortht of lande, 
the said William sail renunce, quietclarue, discharge, and ourgeve, for him, 
his airis and assignais, to the said James Stewart, his airis and assignais, all 
rycht, clame, titill of rycht, properte and possessioun and kindnes quhilk he 
or thai hes, had, or may haif in and to the Stewartre of Menteyth, captane- 
schip of the castell of the sam, and thir landis vnderwrittin pertening 
thairto ; that is to say, the Castell of Dovne in Menteytht, the manis of the 
samyn callit Drumcampse and Calkerauche, the Kers of Cammis, the New- 
toun of Dovne, the Wester Argade, the x li. land of Frewis, the landis of 
Cultintogill, the Wester Brig and the landis of Grodeth, Dowart, Auchinhard, 
and the merkland of Glenmany, with the myll of Dovne, the crwis and 
iisching thairof, and keping of the forests and all vther landis, outsettis, 
stedis, proffittis quhatsumevir, als wele nocht nenimyt as nemmit, except 
the said tuenty pund land abone expremit, incontinent efter the said William 
obtene the said signatour apoun the said resignacioun befor the Lordis of 
Consell, and als sail caus Archibald Edmeston his brother in lik maner 
renunce his rycht, kindnes, and clame for him, his airis and assignais, of the 
samin befoir the Lordis of Consell, at the samin tyme as is abone expremyt ; 
and the said William and Archibald sail neuer mak persute nor clame 
thairto, nor molest, inquiet, nor tribill the said James, his airis, assignais, 



1531.] EDMONSTOXE TO ASSIST JAMES STEWART. 397 

subtenentis, nor factouris in the peceable broukin of the said stewartre, 
captaneschip, and landis pertaining thairto, except before expremit exceptit : 
Alsua it is apontit that the said William, with his kin, freindis, allia, men, 
tenentes, and seruandis, sail tak ane vprycht plane part with Henry, Lord 
Methven, the said James his brother, in all and syndry thair actiouns, caussis, 
querelles, lefull and honest, movit or to be movit, aganis quhatsuinevir 
persone or personis, his allegance to our souerane lord the King, our lady the 
Quenis grace, and his ourlord alanerlie exceptit; and in lik maner the said 
James sail caus the said lord his brouder and himself, with thair kyn, freindis, 
allia, tenentis, and seruandis, to tak ane vprycht plane part with the said 
William in all and syndry his actions, causis, and querellis, lefull and 
honest, movit or to be movit, aganis quhatsumeuer person or personis, thair 
allegians to our souerane lord the Quenis grace alanerlie exceptit. And attour, 
the said William, with his freindis, allia, tennentes, sail pas with the said lord 
and James, and remane with thaim, or ony ane of thame, in tyme of were, 
thai doand to the said William siklik as vther frendis will do to hym 
thairfor ; and mairatour, the said James, his airis, assign ais, factouris, nor 
seruandis, sail mak na impediment, stop, nor distrubulans to the said William, 
his airis, assignais, factouris, nor tennentes, in the peceable brukin and occupi- 
ing of the said xx H. land, nor clame no maner of rycht nor titill thairto be na 
maner of way in tyme cuming : And als the said James sail optene and get 
of our said souerane lady the Quenis hienes and Henry, Lord Methven, hir 
spous, ane letter of qnietclame and discharge vnder thair hande writtis, dis- 
chargeand the said William Edmestoun, his airis, executouris, and assignais, 
pleges, and souertes of all sovmes of money, femes, males, profnttis, dewites, 
gersums, mertis siluir, that hir hienes may ask or clame at him or thaim be 
ony maner of way before the dait herof, be ressoun of contractis, bandis, actis, 
decretis, souerte, or ony maner of way quhatsumevir, and in the best and 



398 PAPERS RELATING TO DOVNE CASTLE. [1531. 



sickerest forme can be devisit, and this acquittance to be deliuerit to the 
> said William at the ourgevin and renunciacioun of his rycht of the preniissis. 
Item, the said William Edmestonn, at the request of the said James Stewart 
sail geif his letter of quietclame and discharge to Patrik Stewart in Glen- 
bukky, of all gudis and sovmes of money that he lies recouerit apoun him befor 
the Lordis of our souerane lordis Consell, the said Patrik gevand to the said 
William, James Edmestoun his cvsing, and thair parttakaris, ane letter of 
quietclame and discharge of all gudis quhatsumevir takin by thaim fra him 
befor the dait of thir presentis, and gif the said William or ony otheris that 
he may latt invadis the said James Stewart in his persoun, his kyn, freindis, 
and seruandis, and molestis thaim in broukin the forsaid stewartre and 
captanere, and landis pertenand thairto, except the said xx B. land, than in 
that caise the said William faythfullie bindis and oblissis him to resigne and 
ourgeve the saidis landis agane in the handis of our said souerane lord in 
fauour cf the said James Stewart, for his heretable infeftment to be had 
thairintill, the fault beand notourlie knawin be the law ; and in like maner 
the said James faythfullie bindis and oblissis him nocht [to] invaid the said 
William in his persoun, kyn, freindis, nor seruandis, nor molest thaim in the 
broukin the said xx H. land be na maner of way in tyme to cum. And als ilk 
ane of the saidis parteis sail releif otheris, at the handis of quhatsumeuer 
thair tennentes and freindis that lies sustenit ony dampnage throucht the 
persute and materis of deid betuix thaim, throw thair causing, assestans or 
ratihabitioun in ony maner of way befor the dait herof, and that the said 
William hes maid na assignais to haue entres anent the preniissis be ony 
maner of way, except his rycht now maid to the said James, quhilkis he sail 
warand : And quhilkis of the forsaid parteis that failzeis heirintill sail con- 
tent and pay to the party abidand heirat and fulfilland the samin, the sovnie 
of tua thowsand pundis Scottis in the burgh of Edinburgh, within xx dayis 



1531.] RATIFICATION BY THE KEEPERS. 399 



nixt efter the brek of this contract and appointment, or ony pointt or part 

thairof, contrare the tennour and effect abonewrittin be maid knawin, but ony 

langar delay, cauillatioun, frauds, or gyle : And to the observing, keping, and 

fulfilling of this present contract and appointment, and euery point and part 

thairof, lelely and trewlie to be obseruit and fulfillit in maner as said is, 

athir party ar bundin, oblist, and suorne, ilkane to otheris, be the faithtis 

and trewthis in thare bodeis, the Euans;elis tuichit, and sail consent that the 

samin be registerit in the bukis of our souerane lordis Counsell, havand the 

strentht of ane decrete and act thairof, with lettres executorialis to be 

decernit thair apone but mair proces, and this contract to be extendit with 

all clausis necessar concernyng the premissis, as men of law and vnderstand- 

iny; can devise anent the sicker infeftment to be maid to the said William, 

his airis and assignais, in the said xx H. land, and renunciatioun of his 

rycht and clame to the said stewartre, captaneschip, and landis pertenand 

thairto, as said is, to the said James Stewart. In witnes herof, baytht 

the saidis parteis lies subscriuit this contract with thair handis, at day, 

zeir, and place forsaid, before thir witnes, Maister Johne Dingwall, proth- 

notar apostolik, provest of the Trinite Collage beside Edinburgh ; William 

Scot, sone and apperand air to William Scott of Balwery, knycht; Sir 

Thomas Zongman, Maister James Fogo, Andro Edmestoun, Sir Thomas 

Eannaldston, Johne Stewart, Johne Maknell, Maister William Meldrum, 

and Alexander Maknell, publice notaris, with vtheris diuers. Extracturn de 

libro actorum per me Gavinum episcopum Abirdonensem, clericum rotuloium 

registri ac consilii supremi domini nostri Regis, sub meis signo et subscrip- 

tione manualibus. 1 

Gavinus Dunbar. 

1 A Memorandum appended to the original Extract states that the date of William 
Edmonstoiie's sasine was 8th February 1531. 



400 PAPERS RELATING TO DOVNE CASTLE. [1531. 



106. Consent to the foregoing Agreement by Archibald Edmonstone, 
brother of William Edmonstone of Duntreath. — Edinburgh, 9 th 
February 1531. [Extract. ] 

At Edinburgh, the nynt day of Februar, the zeir of God j m [v c ] xxxj zeiris, 
in presens of the Lordis of Counsale vnderwrittin, that is to say, ane maist 
reuerend and reuerend faderis in God, Gawyne Archebischop of Glasgw, 
Chancelar, George Bischop of Dunkeld, Henrie Bischop of Galloway, James 
Bischop of Bos, venerable faderis in God, Bobert Abbot of Kynlos, Alexauder 
Abbot of Cambuskynneth, Walter Lord Sanct Jhonis, Schirs Thomas Erskyne 
of Haltoun, William Scott of Balwerie, knychtis, Schir Johne Dingwell, 
Provest of the Trinite College, Maister Bechert Bothuile, persoun of Askirk, 
Maister Henrie Quhit, dene of Breichin, Maister Adam Ottirburn of Auldhame, 
Thomas Scott of Petgorno, Maister James Lawsoun, and Maister Francis 
Boithuile, burgessis of Edinburgh, comperit Archibald Edmestoun, brothir 
to Williame Edmestoun of Duntreyth, and thair, according to the band, 
appunctuament, and finale aggreance made betuix the said Williame and 
James Stewart, capitane of Dovne, and to all the punctis and articulis con- 
tenit thairin, lies realie gevin our all rychtis and kyndnes that he hes or had 
to the office of stewartrie, capitaneschip, landis, takkis, stedingis contenit in the 
said contract and appunctuament, in fauour of the said James, to be broikit 
be him in tyme cuming, efter the forme of the said decret ; apone the 
quhilk the said James Stewart askit instrumentis. Extractum de libro 
actorum per me Magistrum Jacobum Makgill de Nethir Bankelour, clericum 
rotulorum registri et consilii supremi domini nostri Begis, et regine, sub meis 
signo et subscriptione manualibus. 

Jacobus Makgill. 



1564.] COMMISSION- FOR PURSUIT OF THE CLAN GREGOR. 401 

107. Commission by Archibald, fifth Earl of Argyll, to John Graham, 
fourth Earl of Menteith, and James Stewart, Steward of Menteith, 
as his Deputies in the earldom and lordship of Menteith, for the 
pursuit of the Clangregor, etc. — 26th March 1564. 

Be it kend till all men be thir present lettres, ws, Archibald, Erie of Ergill, 
Lord Campbell in Lome, etc., havand full commissioun and power of oure 
souerane lady to conuocat and assemble hir Gracis leigis duelland within the 
boundis of the sherefdomes of Ergill. Torbart, Dumbartane, but the stewartrie, 
erldome, and haill cuntrie of Menteyth. the landis and cuntries of Breidalben, 
Bouchquhidder, and samekle of the sherefdorne of Striueliug as lyis be west 
Buchquhin, or ony part of the saidis cuntries, sa oft and that quhatsumever 
place or places as we sail think expedient, for sercheng, taking, and appre- 
hending of the Clengregour rebellis and malefaetouris, quhairever thai can 
be appreheudit within the boundis foirsaidis, or forthir as occatioun sail occur, 
as at mair lenth is contenit in oure souerane ladyis commissioun grantit to 
ws thairvpoun, of the dait, at Perth, the xviij day of Merche, the zeir of God 
j m v°lxiii zeiris, to haue maid, constitute, and ordanit, and be the tennour 
heirof makis, constitutis, and ordanis oure weilbelouittis counsing and 
brothir, Johne, Erie of Menteyth, and James, Commendatare of Sanct Come, 
Stewart of Menteyth, oure deputis in that part, coniunctlie and seueralie, 
gevand, grantand, and committand to oure saidis deputis and ilk ane of 
thame, coniunctlie and seueralie, our full power to direct chargis and com- 
mandimentis to the inhabitaris of the stewartrie, erldome, and haill cuntrie 
of Menteyth, als wele of landis partening to the Lairdis of Glennegyis, 
Merchistoun, and vtheris within the boundis thairof annexit to the sheref- 
domes of Dumbartane or Perth, and of Bouchquhidder, or ony part within 
the saidis cuntries, to quhatsumevir parsone or parsonis the saidis landis 

3 E 



402 



PAPERS RELATING TO DOUNE CASTLE. 



[1564. 



partenis, to convene the inhabitaris thairof sa oft and that quhatsumever 

places as thai sail think expedient, for sercheng of the Clengregour and 

thair resistaris, rebellis and malefactouris, quhairever thai may be appre- 

hendit within the boundis foirsaidis, and forthir as occatioun shall occur, to 

be brocht to the Justice or his deputis to be punist for thair demeritis, and 

falzeing thairof, to parsew thame vntill thai be expellit furtht of the saidis 

boundis ; and in caise thai or ony of thame recist or pas to strenthis and 

keip the samin, that oure saidis deputis and thair cumpanyis raise fyre and 

vse all kynd of hostilitie aganis the saidis rebellis, for thair apprehending, 

Quhairfore we command and charge all and sindrie our souerane ladyis 

leigis, on hir Gracis name and ouris, duelland within the boundis foirsaidis, 

to reddelie ansuer, attend, and obey to oure saidis deputis in that part, to pas 

foirdwart with thame or ony of thame, for sercheng and apprehending of the 

saidis rebellis, thair assistaris and resettaris, and to vse thair directioun as sail 

be thocht maist conuenient to the effect foirsaid : Certefiing the parsonis 

sua to be warnit be oure saidis deputis, or thame havand thair poweris 

within the boundis foirsaidis, and nocht passand fordwart to the freyis, or 

quhan the saidis rebellis resortis within thair saidis boundis, and schawis 

nocht thair reddy seruice and exact deligence in thair behalfis to the conten- 

tatioun of oure saidis deputis or ony of thame, at thai sail be reput and haldin 

as plane parttakaris and assistaris with the saidis rebellis in thair rebellioun, 

and salbe callit and parsewit thairfore at particulare diettis, and punist for 

the samin, conforme to the lawis of this realme. And forthir gevis all 

power to oure saidis deputis, or ony of thame, to the effect abonewrittin, als 

frelie as we haue of oure souerane lady in all poyntis. Be thir presentis, 

subscriuit with oure hand, oure signet is affixit, at Striueling, the xxyj day of 

Merche, the zeir of God j m v c lxiiij zeiris. 

A. E. Ergill. 



1567.] REMISSION BY QUEEN MARY TO SIR JAMES STEWART. 403 



108. Discharge by Mary, Queen of Scots, to James Stewart, Steward of 
Menteith, of the rents of certain of the lands of the Stewartry, and of 
the overdue thirds of the benefice of St. Colme. — 9th April 1567. 

Begin a. 
Ws, in part of recompensatioun of the expensis maid be our louit familiare 
seruitour, James Stewart of Downe, knycht, our Steward of Menteyth, in our 
seruice and particulare effairis within the partis of France, and als in reperrel" 
ling of our castell of Down in Menteyth and the necessaris thairof, to haue 
gevin, grantit, assignit, and disponit, and be the tennour heirof gevis, grantis, 
assignis, and disponis to the said James the few mailis and fermes of the 
landis of Coldochis, Kep, Ardfinlay, miln and miln landis of Cessintully 
pertening to Paule Dog, the few mailis of Dewchray, the sex mark land of Mac- 
corenstoun, the sex mark land of Boghall, the tua mark laud of Maccreistoun, 
the twa mark land of Westerbrigend, the sax mark land of Achinhard, the 
foure mark land of Portnellen, Dulater, and Terndown, pertening to the Lard 
of Burley, with thair pertenentis, all lyand within our lordschip of Menteyth 
and Stewartrie thairof, pertening to ws as ane part of the patrimony of our 
crowne, of the termes and zeiris of God j m v c lx, lxj, lxij, lxiij, lxiiij, Ixv, lxvj, 
and of the Witsounday terrne in the lxvij zeiris, and remittis, dischargis, and 
renuncis to the said James, and all actioun and cause that we or our succes- 
souris hes, had, or ony wyse may haue, ask, clame, or intent be ws, oure 
aduocatis or comptrollaris in oure name, aganis him, his airis or assignais, 
thairfore in ony tymes cuming, and all comptis and payment to be maid be 
him, his airis or assignais thairof to ws, oure successoris or comptrollaris, and 
chalmerlanis in oure name, in ony tymes cuming, and also dischargis oure 
saidis comptrollaris, aduocatis, chalmerlanis, and vtheris oure officiaris quhat- 
sumever of all asking, craving, poynding, and distrenzeing of the said James, 



404 



PAPERS RELATING TO BOUNE CASTLE. 



[1567. 



his airis or assignais, his or thair gudis and geir, for the saidis few mailis and 
fermes of the landis and miln foirsaidis, of the zeiris and termes abone specifyit, 
dischargeing thame thairof and of thair offices in that part for euer. And als 
we command and chargis the auditouris of oure chekker and of the said James 
comptis, to defalk and allow to him the saidis few mailis and fermes of the 
landis foirsaidis in his comptis, this our writting being producit and registrat 
as efferis for the said James werrand and discharge. And attour, we be thir 
presentis remittis, dischergis, and forgevis to the said James the thrid of his 
benifice of Sanctcolmis Inche of all zeiris and termes bigane restand vnpayit 
befoir the day of the dait heirof, and siclyke of all zeiris and termes to cum 
during oure will, and ay and quhill we revoik and discharge the samin in 
speciale. Be thir presentis, subscriuit be ws at Edinburgh, the ix day of 
April, the zeir of God I m v c lxvij zeiris, and of oure regne the xxv zeir. 

Marie E. 



109. Missive Letter by King James the Sixth and John, Earl of Mar, 
Eegent, to warn James Stewart, Captain of Doune Castle, to produce 
Duncan Makalester before the Eegent and Privy Council, under pain 
of rebellion. — 25th December 1571. 

James, be the grace of God, King of Scottis, to oure louittis 

messingeris, oure Shereffis in that part, coniunctlie 
and seueralie, specialie constitute, greting. Oure will is, and for certane 
ressonable caussis and considerationis moving ws and oure richt traist 
cousing, Johnne, Erie of Mar, Lord Erskin, Eegent to ws, oure realme and 
liegis, and we charge zow straitlie, and commandis, that incontinent thir 
oure lettres sene, ze pas, and in oure name and auctoritie command and 
charge Sir James Stewart of Down, knycht, our Stewart of Menteith, to 



1571-2.] SIR WALTER SCOTT OF BRANXHOLME IN WARD. 405 



enter and present Duncan Makalestir, takin and in the handes of oure said 

Stewart, for recent murther and vtheris odious crymes committit be him, 

befoir oure said Eegent and Loidis of oure Secreit Counsale at Striuiling, or 

quhair it sal happin thame to be for the tyme, vpoun the secund day nixt 

efter oure said Stewart be chargeit be zow thairto, to the effect that the said 

Duncane may be examinat, and inquirit vpoun certane poyntis tending to the 

commoun weill and obedience of oure realme, and gif oure said Stewart 

failzeis thairin, the said secund day being bipast, that ze incontinent thairefter 

denunce him oure rebell, and put him to oure home, and eschaet and inbring 

all his movable guidis to oure vse for his contemptioun, as ze will ansuer to 

ws thairupoun. The quhilk to do we commit to zow coniunctlie and seueralie 

oure full power be thir our lettres, deliuering thame be zow dewlie execute 

and indorsate agane to the berair. Gevin vnder oure signet, and subscriuit 

be oure said cousing and Eegent, at Striuiling, the xxv day of December, and 

of oure reign the fift zeir, 1571. 

Jhon, Eegent. 



110. Waeeant by King James the Sixth and John, Earl of Mar, Eegent, 
to James Stewart, Captain of Doune Castle, for committing to ward 
Sir Walter Scott of Branxholme.— 26th February 1571-2. 

Eex. 
Capitaine, constable, and kepars of our castell of Doun in Menteith, we greit 
zow weill. It is our will, and with auise and consent of our richt traist 
cousing, Johnne, Erie of Mar, Loid Erskin, Eegent to ws, our realme and 
liegis, we charge zow that incontinent efter the sicht heirof ze resaue in ward 
within our said castell Sir Walter Scott of Branxhelme, knycht, thair to 
remane vpoun his awin expensis ay and quhill he be fred and relevit be ws 



406 



PAPERS RELATING TO BOVNE CASTLE. 



[1571. 



and our said regent in our name, as ze will ansuer to ws thairupoun, kepand 
thir presentis for zour warrand. Subscriuit be our said cousing and Regent, 
at Leyth, the xxvj day of Februar, and of our reign the fyft zeir, 1571. 

Jhon, Regent. 



111. Warrant by King James the Sixth and John, Earl of Mar, Regent, 
to James Stewart, Captain of Doune Castle, dispensing with the 
warding of Sir Walter Scott of Branxholme in the Castle, and com- 
mitting him to Rossyth Castle. — 3d March 1571. 

Rex. 

We, be the tennour heirof, with auise and consent of our richt traist cousing, 
Johnne, Erie of Mar, Lord Erskin, Regent to ws, our realme and Regis, 
dispensis with the ward appointed to Sir Walter Scott of Branxhelme, 
knycht, to enter within our castell of Doun in Menteith, betuix and this 
present thrid day of Marche, transferrand his said ward to be within the castell 
and fortalice of Rossyth, within the quhilk we will him to enter betuix and 
the fyft day of Marche instant at nycht, admittand his remaning within the 
said castell and fortalice of Rossythe als lauchfull in all respectis as gif the 
said Sir Walter had enterit within the space before appointit in our said 
castell of Doun in Menteith ; prouiding alwayes that his souirteis stand 
oblist for him as afoir for his entering and not eschaping, and that this our 
dispensatioun on na wyse preiuge the band and obligatioun of his saidis 
cautionaris, bot the samyn to stand in effect as of before. Geven vnder our 
signet, and subscriuit be our said cousing and Regent, at Leith, the thrid day 
of Marche, and of our reign the fyft zeir, 1571. 

Jhon, Regent. 



1572.] JAMES KINCAID, ELDER, LIBERATED. 407 



112. Warrant by John, Earl of Mar, Eegent, to the Captain of Doune 
Castle, to liberate James Kincaid, elder of that Ilk, warded in the 
Castle.— 1571. 

Capitane, constable, and keiparis of the castell of Dovne in Menteith, ze 
sail incontinent eftir the sicht heirof releif, freith, and put to libertie our louit 
James Kincaid, elder of that Ilk, furth of the said castell, quhairin he is 
detenit at our command captiue be zow, to pas in ony part of this realme at 
his plesour ; takand alwais sufficient cautioun and souertie of him for his 
entre agane to zow the said Capitane, vpoun fyftene dayis warning, ze being 
chargit be ws to that effect, keipand thir presentis for zour warrand. Sub- 
scriuit with our hand at the day of 1571. 

Jhon, Eegent. 



113. Warrant by King James the Sixth to the Captain of Doune Castle, 
to liberate Sir Walter Scott of Branxholm. — Stirling, 7th July 1572. 

Eex. 

Capitaine, constable, and keparis of our castell of Doun in Menteyth, it is our 

will, and we command zow, with auise and consent of our richt traist cousing, 

Johnne, Erie of Mar, Lord Erskine, Eegent to ws, our realme and liegis, that 

incontinent efter the sicht heirof, ze lett to libertie and fredome furth of our 

said castell Schir Walter Scott of Branxhelme, knycht, and suffer him depart 

hame at his plesour ; as alsua ressaue agane the said Schir Walter within the 

said castell, quhen he sail offer himself thairto, as ze will ansuer to ws thair- 

npoun, kepand this write for zour warrand. Subscriuit be our said cousin" 

and Eegent, at Striueling, the vij day of July, and of our reign the fyft zeir, 

1572. T 

Jhon, Eegent. 



408 



PAPERS RELATING TO DOUNE CASTLE. 



[1574. 



114. Letters by King James the Sixth to the Stewart of Menteith, to 
compel the tenants of the lordship to carry slates from the Hewch in 
Menteith to Stirling Castle, for making the same water-tight, etc. — 
Dalkeith, 24th July 1574. 

James, be the grace of God, King of Scottis, to oure Stewart of Menteith 
and his deputies, greting : Forsamekle as our richt traist cousing, James, Erll 
of Mortoun, Lord of Dalkeith, Eegent to ws, oure realme and liegis, directit 
to zow his effectuus missiue lettrez to caus our tennentis within oure 
Stewartrie of Menteith transport sum skailze fra the Hewch in Menteith to 
our castell of Striueling, for beating and making of the same watterticht, 
according to the quhilk, albeit ze haue chargeit oure saidis tennentis, zit as we 
ar informit thay haue contempnandHe dissobeyit, to the great hinder and stay 
of the beating of our said castell, quhair oure awin person n remanis, and evill 
exemple of vtheris to commit the like attemptat heirefter : Our will is heir- 
fore, and we charge zow straitlie and commandis that, incontinent thir oure 
lettrez sene, ze caus and compell all and sindrie our tenentis within oure said 
Stewartrie of Menteith, ilkane for thair awin partes, according to the quantitie 
of our landis possessit and occupiit be thame, according to the stent row to 
be maid be zow thairanent, to cary the said skailze fra the Hewch to oure 
said castell of Striueling, within xlviij houris nixt efter they be chargeit be zow 
thairto, vnder the pane of xx s. for ilk horse that beis absent or that trans- 
portis not the full nowmer be zow appointit, and gif thay failze thairin, that 
ze incontinent thairefter arreist, apprise, compell, poind, and distrinze the 
reddiest guidis and geir of the persoun dissobeyand, to the avale and quantitie 
of the said sowme of xx s. for ilk horse that beis absent, or that deliueris not 
the skailze at the place and within the space be zow appointit ; and with the 



1575.] 



CHARGE TO TENANTS OF MENTEITH. 



409 



money sua to be vplifted be zow, we will zow to fee vtheris horse, and 

thairwith to caus transport the said skailze, sa as thair be na delay nor inlaik 

thairin, as ze will ansuer vpoun zour obedience at zoure vttermaist charge and 

perrell ; the quhilk to do we commit to zow, coniunctlie and seueralie, our full 

pouer be thir our lettrez, deliuering thame be zow dewly execute and indorsat 

agane to the berar. Gevin vnder oure signet, and subscriuit be our said 

cousing and Eegent, at Dalkeith, the xxiiij day of Julij, and of our reignne 

the sevint zeir, 1574. 

James, Eegent. 



115. Missive by King James the Sixth to the Feuaes and Tenants of the 
Lordship of Menteith, to withhold the rents, etc., until a Cham- 
berlain was appointed. — 29th May 1575. 

James, be the grace of God, King of Scottis, to our louittis, Thomas Wallace, 
messinger, messingeris, oure Shereffis in that 

pairt, coniunctlie and seueralie, speciale constitute, greting. Forsamekle as 
it is vnderstand to ws and oure richt traist cousing, James, Erll of Mortoun, 
Lord of Dalkeith, Eegent to ws, oure realme and liegis, that the compt of oure 
lordschip of Menteith, being a parte of the propirtie of oure croun, hes restit 
and lyne ower vnmaid or enterit in the rollis of oure Chekker of a lang tyme 
bigane, during the quhilk diuerse personis hes intromettit with and vptakin 
the maist pairt of the mailles, fermes, and dewiteis of oure saidis landis and 
lordschip, without any sufficient commissioun, makand na compt thairof, and 
vther pairt hes still bene retenit in the handis of the tennentis and fewaris 
of the ground, to the greit hurt and preiudice of ws and oure progenitouris ; 
and now we, and oure said Eegent in oure name, being of will and mynd to 
reduce and bring agane oure saidis landis and lordschip of Menteyth in vse 

3 F 



410 



PAPERS RELATING TO DOUNE CASTLE. 



[1575. 



of payment, compt, and reknyng zeirlie, with the remanent of oure propirtie 
in oure Chekker, hes thocht convenient that the mailles, fermes, and dewiteis 
thairof salbe arreistit in the fewaris and tennentis handis, ay and quhill it 
be sene and considerit quha and how mony clamis richt and enteres thairto, 
or pouer of chalmerlanrie, or to ony pairt of the same, and that othir the 
present commissionis and titillis being found valiable, be allowit and admittit, 
or then new commissioun and directioun grantit to that effect. Oure will is 
heirfore, and with auise of oure said cousing and Regent, we charge zow that 
incontinent thir our lettres sene, ze pas, and in oure name and auctorite fense 
and arreist all and sindry the mailles, fermes, profntis, and dewiteis of oure 
saidis landis and lordschip of Menteyth, and vtheris land adiacent thairto, 
and quhilk hes bene in vse to be intromettit and comptit thairwith in tyme 
bigane, of the terme of Witsonday last bipast, in this instant zeir of God 
jm v c thre scoir fiftene zeiris, and siclyk zeirlie and termelie in tyme cuming, 
to remane vnder arreistment in the handis of the fewaris, tennentis, and 
possessouris, vninttromettit with be ony persoun or personis, ay and quhill 
the personis clamand ryclit to the saidis mailles, fermes, and dewteis, or power 
of chalmerlanrie to the same or ony pairt thairof, present their titillis and 
commissionis befoir ws and oure said Eegent, to be sene and considderit gif the 
same be sufficient and allowable or not, to the effect that thairvpoun certane 
ordour and directioun may be sett out, and gevin towart the vptaking of the 
mailles, fermes, profntis, and dewiteis of the saidis landis and lordschip of the 
said terme of Witsonday bipast and in tyme cuming, to oure maist proffite 
and commoditie, and how the same salbe maid compt of zeirlie in oure 
Chekker ; and that ze in oure name and auctoritie command and charge all 
and sindry oure fewaris, tennentis, and possessoris of oure saidis landis, to retene 
and keip thair saidis mailles, fermes, profntis, and dewiteis of the terme of 
Witsonday foirsaid and in tyme cuming in thair awin handis, and on 






1577.] JOHN LIVINGSTONE, JUNIOR OF DONYPACE, IN WARD. 411 

nawyse deliuer the same to ony persoun or personis not having thair richt 

and power allowit, or newlie grauntit be ws and ouve said Kegent, efter the 

dait heirof, vnder the pane of payment of the same ouer agane : Certefeing 

thame and thay do in the contrair, thay salbe compellit to mak double 

payment thairof according to iustice, as ze will ansuer to ws thairvpoun. 

The quhilk to do we commit to zow, coniunctlie and seueralie, oure full power 

be thir oure lettres, deliuering thame be zow deulie execute and indorsate 

agane to the beirare. Gevin vnder oure signet, and subscryuit be oure 

said cousing and Eegent, at Halyrud Hous, the xxix day of May, and of oure 

reignne the audit zeir, 15 75. 

James, Eegent. 



116. Warrant by King James the Sixth, for committing John Living- 
stone, younger of Donypace, into ward within the Castle of Doune. 
— Dalkeith, 21st December 157 7. 

Rex. 

Capitane, constabill, and keparis of the casteil of Downe in Menteith, it is 
our will, and with auise of our rycht traist cousing, James, Erll of Mortoun, 
Lord of Dalkeyth, Eegent to ws, our realme and lieges, we command zow that 
incontiuent eftir the sicht heirof, ze ressaue Johnne Levingstoun, zoungar of 
Donypace, in ward within our said casteil, and thairin keip him suirlie, vpoun 
his awin expenss, ay and quhill he be relevit be ws and our said Eegent, as 
ze will ansuer thairupoun, kepand thir presentis for zour warrand. Gevin 
under our signet, and subscriuit be our said cousing and Eegent, at Hal yruid- 
hous, the xxi day of December, and of our regnne the ellevint zeir, 15 77. 

James, Eegent. 



412 



PAPERS RELATING TO DOUNE CASTLE. 



[1578. 



117. Order by King James the Sixth for the liberation of Archibald 
Stewart, Provost of Edinburgh, from Doune Castle. — Stirling, 14th 
August 1578. 

Bex. 
Capitane and kepares of oure castell of Downe in Menteith, we greit zow 
weill. It is oure will, and we command zow that incontinent efter the 
sicht heirof ze lett oure louit, Archebald Stewart, prouest of oure burgh 
of Edinburgh, to libertie furth of oure said castell, and this present salbe 
zoure warrand. Subscriuit with oure hand at oure castell of Striueling, the 
fouretene day of August 1578. 




1579.] WILL ELLIOT AND JOHN FORREST IN WARD. 413 



118. Warrant by King James the Sixth to the Captain of Doune Castle, 
to receive in ward Will Elliot, a Borderer. — Stirling, 25th April 1579. 

Eex. 

Capitane, constable, and keparis of oure castell of Doun in Menteyth, we 

greit zow hertlie weill. Being moved with the mony and oft supplicationis 

of our nobilitie, baronis, and gentlemen heirtofoir burdynnit with the keping 

of the plegeis and brokin men retenit for the gude rule on the bordouris, we 

haue at last concludit that sa mony as ar zit in handes salbe destributit and 

kepit in our awin houssis, and in this distributioun we haue appointit thrie 

for zow, to be kepit in that our castell of Doun in Menteith : Quhairfoir it is 

our will, and we command zow that incontinent efter the sicht heirof ye 

ressaue Will Ellott, sone to the eldare Tod, being ane of the saidis thrie, fra 

Laurence Lord Oliphant, or sic as sail present him vnto zow in his name, 

and keip him suirlie vpoun his awin expensis, ay and quhill he be fred and 

relevit be ws, as ze will ansuer to ws thairupoun, kepand thir presentis for 

zour warrand. Gevin vnder our signet, and subscryuit with our hand, at our 

castell of Striuiling, the xxv day of Aprile, and of our reignne the twelft 

zeir, 1579. 

James K 
Leuinax. C. E. Ergyll. A. Hay. 

119. Warrant by King James the Sixth for committing John Forrest, 

burgess of Linlithgow, to ward in the Castle of Doune. — Stirling, 
24th August 1579. 

Eex. 
Capitane, constable, and kepars of our castell of Doun in Menteyth, we greit 
zow weill. It is our will, and with auise of the Lordis of our Secrete 



414 PAPERS RELATING TO DOUNE CASTLE. [1579. 

Counsale, we charge zow that ze ressaue in ward within our said castell, 

Johnne Forest, burges of Linlythgw, and keip him suirlie, vnsuffering ony to 

haif speche or acces to him without speciall warrand or commissioun of ws, 

and that vpoun his awin expensis, as ze will ansuer to ws thairupoun. 

Subscriuit with our hand at our castell of Striueling, the xxiiij day of 

August, and of our reign the xiij zeir, 1579. 

James E. 
Leuinax. A. Cambuskyneth. 

120. Warrant by King James the Sixth for transferring John Elliot (a 

Borderer) from Doune Castle to the Tolbooth of Edinburgh. — Holy- 

roodhouse, 19th November 1579. 

Eex. 

Capitane, constabill, and keparis of our castell of Downe in Menteith, ze sail 

incontinent eftir the sicht [heirof] present and deliuer Johnne Eliot, sone to 

eldar Will, presentlie being in ward within our said castell, to the Prouest or 

Bailries of our burgh of Edinburgh, to be kepit within thair tolbuith in tyme 

cuming according to our vther lettre, quhilk ze sail alsua deliuer to thame 

to that effect, as ze will ansuer to ws, kepand thir presentis for zour 

warrand. Subscriuit with our hand at Haliruidhous, the xix day of 

Nouember, the zeir of God j m v c lxxix zeris. 

James E. 

Montroiss. Bwchane. 

121. Order by King James the Sixth to the Captain of Doune, to set Hob 
Elliot, a Borderer, at liberty.— Holyroodhouse, 24th December 1579. 

Eex. 
Capitane, constabill, and keparis of our castell of Downe in Menteith, it is 
oure will, and we command zow, that incontinent eftir the sicht heirof, ze put 



1580.] THE FOREST OF GLENFIXLAS. 415 



Hob Ellott, callit the vicaris Hob, to libertie and fredorne furth of oure said 

castell, and suffer bim to pas quhair be plesis, as ze will ansuer tbairupoun, 

kepand tbir presentis for zour warrand. Subscriuit with our band at 

Haliruidhous, the xxiiij day of December, the zeir of God j m v c lxxix zeris. 

James E. 
C. E. Ergyll. E. Dunfermling. 



1 22. Letters of Protection by King James the Sixth to the Deputes of 
the Stewart of Menteith, in the forest of Glenfinlas, from oppres- 
sion by persons near the forest. — Holyroodhouse, 22d September 1580. 

James, be the grace of God, King of Scottis, to our louittis, Thomas Wallace, 
messinger, messingeris, our Shereffis in that pairt, coniunctlie 

and seueralie, specialie constitute, greting. Forsamekle as it becummis ws of 
our auctorite royall to tak vpoun ws the protectioun, manteanance, and defence 
of our baill subiectis, bot specialie of sic as (throw the owtrageous iniureis and 
enormiteis of evill and wickit personis vsurping our auctoritie abone thame) 
is not of babilitie of thame selfis to resist thair cruelteis, and being informit 
that our louittis, Duncane Stewart, sone to blak Alexander Stewart in 
Glenbukkie, and Johnne Dow M'Kewin, alias Johnne Galbraith, duelland 
in the Eister Brigend of Down, foster deputis to our consing and counsalour 
James Stewart of Down, knicht, of our forrest of Glenfynglas, ar daylie and 
continewallie trublit and molestit, be the intollerable oppressionis of certane 
personis, inbabitantis ewest our said forrest, and vthiris thair assisteris and 
"pertakkeris in sic sort, that for feir of thair lyvis thay ar constraynit to 
pasture grit nowmer of the saidis personis gudis within our said forrest, to the 
destructioun of our deir and fuilzeing of the baill gers quhairon thai sulci be 
sustenit, lyik as be plane violence thai ar bereft of thair baill gudis and geir, 



416 PAPERS RELATING TO DOUNE CASTLE. [1580. 



to thair grit hurt and scaith, and sua ar vnable to withstand the attemptatis 
and iniurious interpryses of the saidis wickit personis. "We haif thairfoir 
takin, and be thir our lettres takkis the saidis Duncane Stewart and Johnne 
Gralbraith, and all and sindrie thair landis, levingis, rentis, possessionis, rowmes, 
heritagis, takkis, stedingis, maillis, teyndis, mylnis, biggingis, fischeingis, cornis, 
cattell, medowis, zairdis, orchardis, wyif, bairnis, kyn, freindis, men, tennentis, 
and seruandis, and all and sindrie thair gudis, movable and vnmovable, quhat- 
sumeuir, quhaireuir thai be within our realme, vnder our special protectioun, 
supplie, nianteanance, saufgaird, and defence, to be vnhurt, vnharmit, vntroublit, 
or ony wyis molestit, be quhatsumeuir persone or personis, within our realme. 
Oure will is heirfore, and we charge zow straitlie, and commandis that 
incontinent thir our lettres sene, ze pas to the mercat eroces of our burrowis of 
Striueling and vthiris placeis neidfull, and thair, be oppin proclamatioun, in 
our name and auctorite, mak publicatioun of the premissis, commanding and 
chargeing all and sindry our liegis and subdittis that nane of thame tak 
vpoun hand to do or attempt ony thing tending to the violatioun of thir our 
lettres of protectioun, supplie, manteanance, and saufgaird, as thai and ilkane 
of thame will ansuer to ws vpoun thair obedience at thair vttermest charge 
and perrell, and vndir all hiest pane, cryme, charge, and offence that thai may 
commit and inrin aganis our Majestie in that behalf, as ze will ansuer to ws 
thairvpoun. The quhilk to do we commit to zow, coniunctlie and seueralie, 
our full power be thir our lettres, deliuering thame be zow deulie execute and 
indorsate agane to the berer. Gevin vnder our signet, and subscriuit with 
our hand, at our Palice of Halyrudehous, the xxij day of September, and of 
oure regnne the xiiij zeir, 1580. 

James E. 
Anguss. C. E. Ergyll. 



1580.] LAURENCE, LORD OLIPHANT, WARDED IN DOUNE. 417 



123. Warrant by King James the Sixth committing Laurence, Lord 

Oliphant, to ward in the Castle of Doune. — Holyroodhouse, 6th 

December 1580. 

Eex. 

Capitane, constabill, and keparis of our castell of Downe in Menteith, it is 

oure will, and we command zow that incontinent eftir the sicht heirof ze 

ressaue in ward within our said castell, Laurence, Lord Oliphant, thairin to 

remane, and ane myle about the samyn, vpoun his awin expensis, ay and 

quhill he be fred be ws with auise of oure Counsale, as ze will ansuer to ws 

thairupoun, kepand thir presentis for zour warrand. Subscriuit with our 

hand at Haliruidhous, the sext day of December, the zeir of God j m v c four 

scoir zeris. 







Lenox. 



Robert Stewart. 



3 G 



418 



PAPERS RELATING TO DOUNE CASTLE. 



[1580. 



124. Letters by King James the Sixth discharging Malcolm Beg M°Farlane 
from keeping of the Forest of Glenfinlas. — Holyroodhouse, 7th 
December 1580. 

James, be the grace of God, King of Scottis, to our louittis Thomas Wallace,, 
messinger messingeris, our Schirems in that pairt, coniunctlie and 

seueralie, speciallie constitute, greting : Forsamekill as it is vnderstand to ws 
and the Lordis of our Secreite Counsall that laitlie, vpoun the day of 

November last bypast, Malcum beg M c Farlan in Lettir, vpoun sinister and 
wrang informatioun maid to ws, privilie obtenit our vther letter, subscrywit 
with our hand without the advise, of our Counsall, gewand and grantand to 
him the custodie and keping of our wod and forrest of Glenfinglas, with the 
deir being thairin, for ane certane space, as the samin at lenth proportis; 
and seing the samin, as we ar suirlie informit, lies tendit and tendis altogidder 
to our greit hurt and lesioun, as alsua vnderstanding our traist cousing and 
counsallour, Sir James Stewart of Downe, knycht, and his predecessouris, ar 
and hes bein heretablie infeft in fewferme and heretage in the kepping of the 
said wod and forest, and hes bein in continewall possessioun thairof to this 
hour ; and willing that our said traist cousing and counsallour be on na 
wyis hurt nor preiugeit in his richt and place of the said wod, bot rather 
fortefeit and assistit thairin for his better and surer preseruatioun of the samin : 
Oure will is heirfoir, and we charge zow straitlie, and commandis, that inconti- 
nent thir our lettres sene ze pas, and in our name and auctoritie command and 
charge the said Malcum beg M c farlan, Andro M c farlan of that Ilk, and all 
vtheris pretendit keparis of our said wod and forest, to desist and ceis from 
all farther occupatioun, melling, keping, cutting, or intrometting with our said 
wod and forest, or ony pairt thairof, within xxiiij houris nixt efter thay be 
chargit be zow thairto, vnder the pane of rebellioun and putting of thame to 



1581.] 



KEEPEESHIP OF FOREST OF GLENFINLAS. 



419 



our home ; and gif thay failze thairin, the saidis xxiiij houris being bypast, 
that ze incontinent thairefter denunce the disobeyaris our rebellis, and put 
thame to our home, and escheit and inbring all thair movabill gudes to our vse 
for thair contemptioun : And siclyk, that ze in our name and auctoritie pas to 
the mercat croces of our burrowis of Striuiling, Perth, parroche kirkis of Port, 
Kilmadok, and vtheris places neidfull, and thair, be oppin proclamatioun, 
inhibite, command, and charge all and sindrie our liegis and subditis quhome 
it effeiris, that thay nor nane of thame tak vpoun hand to do nor attempt ony 
tiling in contrare the tennour of thir our lettres, nor to ansuer, obey, or 
acknawlege ony yther forester or kepar of our said wod nor our said traist 
cousing heretable fewar foirsaid, and his deputtis, under all hiest pane and 
charge that efter may follow ; certefeing thame and thay do in the contrare, 
thay salbe callit and puneist thairfoir with all rigour, as accordis of the law, 
conforme to iustice, as ze will ansuer to ws thairvpoun ; the quhilk to do we 
committ to zow, coniunctlie and seueralie, our full power be thir our lettres, 
deliuerin£f thame be zow deulie execute and indorsate asrane to the berar. 
Gevin vnder our signet, and subscrywit with our hand at Halyrudehous, the 
vij day of December, and of our reignne the xiiij zeir, 1580. 

Lenox. C. E. Ergyll. 



James R, 



125. Account of Repairs on Doune Castle. — 13th August 1581. 

The Compt of the Eeparatioune of the place of Downe, maid at the same be 

the avyce of Schir Robert Drummound of Carnok, knycht, his Maiesteis 

maister of wark, agrear withe all the warkmen, and subschryuit withe 

his hand, at the said place of Downe, the xiij daye of August, the 

zeir of God ane thousand fyve hundreth four score ane zeiris. 

In primis, to William Gibe, the quariour, dueland in Streueling, at the 

maister of warkis command, for the wynning of audit score peice of 



420 



PAPERS RELATING TO DOUNE CASTLE. 



[1581. 



allering in the Craig of Knokkill and Burnebank, for euerie peice 

wynning xl d., extending to the sowm, . . xxvj H. xiij s. iiij d. 

Item, for bringing hame of the said stanis, the quarrell being four myllis, for 

the hame bringing of euerie stane xl d., extending to the sowm foirsaid, 

xxvj H. xiij s. iiij d. 
Item, for beiring of thame out of the quarrell, . . . . vH. 

Item, for broching of thame in the quarrell, that the hors mycht bring thame 

easyer hame, for euerie peice vj d., extending to the sowm, . . vj H. 

Item, for viij chalder lyme, pryce of the chalder xxij s., extending to the 

sowm of . . . . . . . . ix Kb. xij s. 

Item, for thre hundreth laid of sand, pryce of led, wynning, and leiding xij d., 

extending, ........ xviij Hb. 

Item, for the bot fraucht that brocht vp the lyme, vj Hb. 

Item, for the menis expensis that brocht the lyme, . . . iij Hb. 

Item, gevin to Michell Ewing, maister measoune, quhais contract wes maid 

be the maister of wark, for the making of the grait tour of Downe 

wattirticht, and vther warkis quhilk is to be seen concerning the said 

tour heid, extending to the sowm of siluer, ... j c Hb. 

Item, mair to the said Mychell four bollis malt, pryce of the boll viij merkis, 

quhilk extendis to .... . xxj lib. vj s. viij d. 

Item, mair, four bollis meill, pryce of the boll iiij Hb., extending, . xvj Hb. 
Item, to xij seruandis to thair drink siluer, vj Hb. 

Item, to the wrychtis for sawing and vpputting of schaffalding, . iiij Hb. 

Item, for the wynning of ane thousand skailze, bownteyth and all, iiij Hb. 
Item, for fourte menis mait that led the skailze out of the Hiland xiiij my Us, 

to thair wagis, ........ iiij Hb. 

Item, to the wrychtis for sawing of the lathe, and graithing of the rest of the 

tymmer to the tour heid, for the space of x dayis, extending, x Hb. 



1582.] 



REPARATION OF DOVNE CASTLE. 



421 



Item, for vij c naillis, pryce of the hundreth vs., extending, . xxxvs. 

Item, for iiij pwnsiounes to be trie nailiis, euerie pwnsioune viij s., extending, 

xxxij s. 
Item, for ane man to mak thame, viij dayis, euerie daye v s., summa, xl s. 
Item, to Makquarren, sklaitter, for the theiking of tourheid, vj Kb. xiij s. iiij d. 

Summa of the haill expenssis of the reparatioune of the tour heid, 

ij c iij xx xvij Hb. vj s. 

Item, for rausing of sax score treis of the best tymmer of the wod of Down, 
quhilk extendis to xl d. the piece, summa, . . . xx Hb. 

Item, for the hame leiding of thame to the place, with feit men and hors, prys 
of euerie trie xl d., summa ...... xx Hb. 

The Compt of zour Maiesteis wod dyk, for biging thairof, quhilk 

extendis to four hundreth rud and thre score, quhilk is of thiknes 

in the grand v elnnes, and of heicht thre elnnes, of breid in the 

heid thre quarteris and ane half. 

Item, four men to euerie rud biging, to euerie man xx d. the rud, extendis, 

vj s. viiij d. 
Item, the four hundreth rud biging, and four extendis, to the sowme of 

ij c merkis ij merkis. 

126. Warrant by King James the Sixth, committing Gilbert Dick, an 
Edinburgh Bailie, to ward in Doune Castle. — Stirling, 11th April 
1582. 

Eex. 
Capitane, constable, and keiparis of our castell of Downe, we grete zou wele : 
It is our will, and we command zou, that incontinent eftir the sicht heirof ze 






422 



PAPERS RELATING TO DOUNE CASTLE. 



[1582. 



ressaue in ward within our said castell, Gilbert Dik, ane of the baillies of 
Edinburgh, thairin to remane vpoun his awin expensis ay and quhill he be 
fred and releuit be ws, as ze will ansuer to ws thairvpoun, keipand thir 
presentis for zour warrand. Subscriuit with our hand, at our castell of 
Striuiling, the xj day of Aprile, and of our regnne the fifteint zeir, 1582. 

James E. 
Lennox. Craufurd. 



127. Waeeant by King James the Sixth to James Stewart, Lord Doune, 
for warding William Erskine, Commendator of Paisley, in the Castle 
of Doune. — Holyroodhouse, 3d December 1583. 

Rex. 
James, Lord of Dowiu, we greit zou weill : Eorsamekle as William Erskin, 
Commendatair of Paislay, is, at our commandiment, enterit in waird within the 
castell of Dowin, in Menteith, pertenyng to zou heretably, quhairin we mynd 
not that ze salbe subiect to keip ony prisoneris or wardouris at zour perrell, 
and thairfore ze sail lett the said commendatair remane in fre waird within 
the said castell at his awin chargeis, and vpoun his awin dangier, in caise he 
sal happin to eschaip, quhilk sail na wyse be imput to zow for ony offence, 
dischargeing zow of the same for euir, be thir presentis, subscriuit with our 
hand at Halyruidhous, the thrid day of December, and of our reigne the xvij 
zeir, 1583. 

James E. 
Rothes. J. L. Ogilvy. 






1584.] REPARATION OF PARK WALL OF DOUNE. 423 



128. Warrant by King James the Sixth to Lord Doune, Steward of 
Menteith, to compel the feuars of the lordship to repair the park 
wall of Doune. — Holyroodhouse, 20th May 15S4. 

Rex. 

Steuart of Menteyth and zour deputis, we greit zow weill : Forsarnekle as 
it is vnderstand to ws and the Lordis of our Secreit Counsall that thair is ane 
greit part of our park dyk of Downe rwynous and fallin down to the ground, 
and will nocht faill to decay mair and mair to the apperand greit wraik and 
truhle of our zoung growth within the samin, giff the samin be nocht 
preventit : And vnderstanding alswa that the fewaris of the said Stewartrie 
hes euir in all tymes bypast bene accustumit and in vse to big and beit ane 
part and quantitie of the said park dyk, quhen the samin wes decayit or 
fallin down, ewerie ane according to the mark landis thay possessit ; it is our 
will thairfore, and we command zow, that efter the sycht heirof ze caus and 
compell the fewaris and vtheris personis within our said Stewartrie that hes 
bene accustomit and in vse of before, to beit, big, and repair sic quantitie of 
our said park dyk now fallin down and decayit as thay haiff bene in vse to 
do of before, and to enter to the work thairof betuix the dait of thir presentis 
and the last day of Maij, and end and perfytt the samin betuix that and the 
last day of October nixt to cum, but furder delay ; and failzeing thairof, that 
ze vptak xiij s and iiij d off ewerie mark land within the said Stewartrie fra 
the personis addattit to big vp the said park dyk, and employ the samin to 
that vse and effect, and giff neid beis that ze be zour selffis and zour officiaris 
poind, and distreinze the personis disobeyandis reddiest guidis and geir, for 
the said sowme of xiij s and iiij d of ewerie mark land as is foresaid ; the 
quhilk to do I commit to zow my full plane power to pass, poind, and dis- 



424 PAPERS RELATING TO DOUNE CASTLE. [1591. 

treinze thairfore as ze will ansuer to ws thairvpoun, kepand thir presentis 
for zour warrand. Subscryuit with our hand at Haliruidhouse, the tuenty 
day of Maij, and of our regnne the sevintene zeir, 1584. 

James E. 
S. J. C, Comptrollar. 1 Sir Robert Meluill. 



129. Warrant by King James the Sixth, committing David Graham of 
Fintry to ward in the Castle of Doune. — Holyrood Palace, 20th May 
1591. 

Eicht trest cousigne, we greit zou weill : It is our will, and we command 

zow, incontinent eftir the sicht heirof, ze ressaue Dauid Grahame off Fentra 

within our castell of Doun in wairde, and that ze kaip and detene him thair- 

intill honestlie, vpoun his awin expensis during oure will, as ze will ansuer to 

ws, vpoun zour obedience, perell, and dangeir, and thir presentis sail be zour 

varrand. Subscriuit with our hand, at our Palice of Haliruidhous, the xx 

of May 1591. 

James E. 

J. T. Cancellarius. 2 S. E. C. Secretarius. 3 

1 Sir James Campbell of Ardkinglass. 

2 Sir John Maitlaud, Lord Thirlestane. 

3 Sir Richard Cockburn of Clerkington. 



425 



II.— SIX JACOBITE LETTEES AT BLAIK-DEUMMOND. 

130. King James the Eighth (as claiming to be) to William, Marquis 
of Tullibardine, afterwards called Duke of Athole, concerning the 
proceedings of the King's supporters in Britain. 

Borne, April 29, 1720. 
It was a most sensible satisfaction to me to hear that you and your worthy 
companions were arrived in France after all the dangers and troubles you 
have gone thro' on my account. Iu the beggining of the year I writ a 
letter to your self and another to Clanranold and Lochiel, hopeing they might 
then find you in France, so I shall not writ at present anew to them, but 
desire you will say to them all that is kind and gratefull in my name, as 
well as to Glenderule and to your brother in the first place, who is I suppose 
with you. I am truely concerned my circumstances do not allow me to send 
you such a supply as I could wish, but I have order'd General Dillon to giue 
you, and the gentlemen with you, what I am ashamed to name, desireing you 
to look at the good will and not at the gift, which is but too suitable to my 
present circumstances, tho' by farr inferior to your meritts. 

Since the letter I writ to you in January affaires are much altered. I 
directed you then to go to Spain, but now I must retract that order, haueing 
reason to fear that it might be a journey in uain, that Kings circumstances 
not alloweing him to prouide for more of my subjects at this time, tho' his 
good will for me be allwayes the same, and the Duke of Ormonde, and with 
all regard and kindness at his court. After this you will not, I am sure, 
doubt of the satisfaction it would be to me to haue you near my person, but 
besides that I haue not realy wherewithall to pay the expences of so great a 

3 H 



426 JACOBITE LETTERS AT BLAIR-DRUMMOND. [1720. 

journey, the affaires of Europe seem to be in a sort of a crisis, and in so odd 
a situation, that, till they haue taken some settled form, I should be loath to 
bring any who may be truely usefull on occasion into so remote a country. 
I think therefore that both you and your companions cannot do better then 
to repose yourselues for some time some where in France, where your usuall 
prudence will make you unnoticed, and where my orders and directions can 
allwayes reach you. 

It is fitteing you should be informed that since my return into this country 
I haue receiued a great deal of uneasiness from seueral discontents and com- 
plaints, for which I could never find any solid foundation ; but uhateuer were 
the motiues of such proceedeings, it is certain my interest could not but suffer 
by them, since not only my own personal caracter was not spared, but euen 
a letter of mine uas falsified, and I made to write what I am not so much as 
capable of thinking. Such as wish me well cannot, it is true, be long imposed 
on by these stones, and it may be you may neuer here of them, but least you 
should, I was glad to preuent you on the subject, that you might be the better 
able to giue me on such occasions new proofes of that zeal and affection of 
which I haue already receiued so many proofes. If you come to Paris, General 
Dillon can inform you fully of such matters. 

You will, I am sure, be sorry to find the Duke of Mar still in confinement. 
He hath had also his share in malicious reports and stories, but his caracter 
is too well established for such things to make any impression on men of 
sense, or who are acquainted with him. I cannot but hope the approacheing 
peace will restore him his liberty, the want I haue of him and my just 
kindness for him makeing me earnestly uish for his company and assistance 
again. In the meantime dureing his absence, your namesake, Mr. James 
Murray, acts in business. 

Tho' our present situation be farr from agreable, yet wee haue not, I think, 



1720.] . KING JAMES THE EIGHTH AT ROME. 427 



the least reason to disportd. On the contrary, the present situation of Europe 
doth in some measure afford a pleaseing prospect for the future. It is with 
courage and patience wee must expect better dayes without letteing any 
disappointment slacken our endeauours in the support and pursuit of a just 
cause ; and by being true to my sincere friends, and their being so to me, wee 
cannot fail at last, with God's blesseing, of getteing the better of all our 
ennemies, whether secret or declared ones. 

As for your oun particular, I can assure you my confidence in your 
singular zeal and affection for me is such as they merit, and the deep sense I 
haue of them uill euer make me look upon you, and behaue towards you 
with that peculiar distinction and kindness you so justly deserue. 





You uill, I am sure, be glad to know that the Queen is with child, and in 
perfect good health, as well as myself. 



131. The Same to The Same, thanking him for constancy and zeal in his 

service. 

Eome, May 23, 1720. 
This is only to couer the enclosed letters, which I desire you will deleuir, 
and which I send you open for your preuious perusall. Glenderrels letter 
to me required a more particular answer, and I uas not long of haueing an 
occasion of espresseing myself in suitable terms in fauour of such as haue 
more particularly distinguished themselues in my seruice, and who deserue at 



428 JACOBITE LETTERS AT BLAIR-DRUMMOND. [1720. 



least good, and I am sure sincere words, till I can giue them better encour- 
agement, not less nescessary for my interest than their reuard. I look on you 
to be in a particular manner of that number, and as one uho uill in all 
conjunctures loose no opportunity of promoteing the good of my sendee, and 
shall at all times be desirous to shew you that you haue in me a gratefull 
friend as well as a just and a good master. 

James E. 



132. Lord George Murray, fifth son of John, first Duke of Athole, to Iris 
brother William, called Duke of Athole, with instructions to meet 
Prince Charles, and to make Blair his headquarters. 

Perth, 9 September 1745, Monday, 10 fornoon. 
Dear Brother, — The Prince certainly marches tomorow, and for Gods sake, 
cause as many of the men as possible march for Dumblane, so to be there 
tomorow, being Teusday, or early on Wedensday. If you could be your self 
at Tullibardine to confer with His Eoyall Higness tomorow about midday, it 
would be of infinite consequence for the good of the cause ; but if you cannot 
be there so soon, the Prince will leave his directions for you in writeing, 
which will be to this efect : — He being to push forward with the utmost 
expedition, you are to act with a seperat body, and to quarter at Blair Castle. 
The Higlanders that his Hyghess is posetive will join you from the North 
and West, with the remender of your own men that you cannot get sent off 
with Lord Nairn, etc., will soon be as stronger body then that which he 
croses the Forth with. I reccon Strickland goes up to you. Your bagage 
and servant will be this day at Tullibardine. If you come there you will 
order it to Blair, and I have horse and cartes, etc., at your command. 
Perhaps you may soon be in a condition to come down and take up your 



1745.] 



THE YOUNG PRETENDER AT HOLYROOD. 



429 



quarters here, espesially if you hear that Cope imbarks for Leith. 100 bolls 
rueall goes up to Dunkeld this moment ; money, meall, etc., will be apointed 
for you as far as posible, but the particulars you will know at Tullibardine. 
Adieu. 

Yours, 

George Murray. 
Pray keep Mr. N. Macglashen with you for despatches. 

To His Grace the Duke of Atholl, at Blair Castle. 



133. Prince Charles-Edward to William, called Duke of Athole, to 
hasten with all his men to him at Edinburgh. 

Holyroodhouse, the 11 Octobre 1745. 
Murray writ to you yesterday to press you in my name to com up with the 
utmost expedition with all your men. Dispatch now is so necessary by 
the favourable accounts I have got from England, that makes me repeat 
this to you in the strongest manner. As I intend to part next week for 
England, you wont fail to be here so as to go along with me ; at the same 
time write to hesten those who are behind you, and to follow without wating 
for one another. 




W^^X 




For the Duke of Athole. 



430 



JACOBITE LETTERS AT BLAIR-DRUMMOND. 



[1745. 



134. William, called Duke of Athole, to Prince Charles-Edward. 

Eeply. [Draft.] 

Dunkeld, 15 October 1745. 
Sir, — Your Eoyal Highness gracious letter of the 11 instant, with express 
orders to immediatly join you with all the men I have been raising, according 
to orders under Secretary Murray's cover, came not to my hands till this 
evening. The letters being taken, but luckily retaken, occasioned the delay. 
The convoy under Captain Browns care, with arms, ammunition, etc., for 
your Eoyal Highness from his most Christian Majesty, arrived here last night. 
After the utmost endeavours it will be to- morrow night before all the men 
nessesary for bringing them up to your army can be got togither ; next 
morning I shall march them from hence with the utmost diligence can 
possibly advance the earnest desire I have of soon being able in person to 
receive your Eoyal Highness commands, and fully to let you know that 
nothing has been omitted could be useful towards the speedy advancing of 
King and country's service, being ever with the utmost attachment and 

zea1 ' Sir, 

Your Eoyal Highness most dutiful and most obedient subject and servant. 

135. Prince Charles-Edward to William, called Duke of Athole, 
pressing him to come at once to his assistance. 

Bannockburn, January the 28th, 1746. 
Having received repeated intelligence that the ennemy are again preparing 
to march towards us, this is to require of you to hasten up all the men you 
can possibly send me without a moments loss of time, for the thing presses, 
and will in all appearance decide the fate of Scotland. 

Your sincere friend, 
For the Duke of Athol. 



Charles, P. E. 






431 



III.— CHARTERS AND MISCELLANEOUS PAPERS. 

136. Letter from William Fraser, Bishop of St. Andrews, to King Edward 
the First, regarding a rumour of the death of Queen Margaret, the 
Maid of Norway.— 7th October 1290. 

Excellentissimo Principi et Domino reuerentissimo Domino Edwardo Dei 
gracia Regi Anglie, Domino Ybernie, et Duci Acquitanie illustrissimo, suus 
deuotus capellanus W. permissione diuina ecclesie Sancti Andree in Scocia 
minister humilis, salutem et felices ad vota successus, cum incremento glorie 
et honoris. Sicut in presencia vestra nuper extitit ordinatum, conuenerunt 
nuncii vestri, et nuncii Scocie qui fuerant vobis missi, necnon et aliqui 
proceres regni Scocie, apud Perth, dominica proxima post festum Beati 
Michaelis Archangeli, ad audiendum responsum vestrum super hiis que petita 
et tractata fuerunt per nuncios Scocie coram vobis : Quo responso vestro 
audito et intellecto, fideles proceres, et quedam pars communitatis regni Scocie, 
celcitudini vestre inmensas referebant graciarum actiones. Predicti vero 
nuncii vestri et nos deinde versus partes Orcadie, ad tractandum cum nunciis 
Norwagie et ad recipiendum dominam nostram Reginam, gressus nostros 
aripere disposuimus, et ad hoc parauimus iter nostrum. Set insonuit in 
populo dolorosus rumor, quod dicta Domina nostra debuit esse mortua; 
propter quod regnum Scocie est turbatum, et communitas disperata. Audito 
eciam et publicato rumore predicto, Dominus Robertus de Brus, qui prius 
non intendebat venire ad congregacionem prenominatam, cum magna potencia, 
ad interpellacionem quorundam, ibidem venit ; set quid iutendit facere, vel 
qualiter operari ad hue ignoramus. Set Comites tamen de Marre et Atholie 
iam eorum exercitum demandarunt, et quidam alii magnates terre trahunt se 



432 



CHARTERS AND MISCELLANEOUS PAPERS. 



[1290. 



ad partem suam ; et idcirco timetur de gerra communi et magna strage 
hominum, nisi Altissimus, per industriam et ministerium vestrum, festinum 
remedium apponat. Domini Episcopus Dunelmensis, Comes Warrennie, 
et nos audiuimus postmodum quod Domina nostra predicta conualuit de 
infirmitate sua, set adhuc est debilis ; et idcirco inter nos ordinauimus prope 
partes de Perth moram trahere, quousque per milites qui sunt in Orchadiam 
missi, de statu ipsius Domine nostre (utinam prospero et felici !) certitudinem 
habeamus. Et si de ipsa optatos habuerimus rumores, quos de die in diem 
expectamus, ad partes illas, prout ordinatum est, parati erimus proficisci, ad 
perficiendum, pro posse nostro, negocium memoratum. Si Dominus Johannes 
de Balliolo venerit ad presenciam vestram, consulimus quod cum ipso tractare 
curetis, ita quod in omni euentu honor vester et commodum conseruentur. 
Si vero contingat Dominam nostram predictam ab hac luce migrasse (quod 
absit), dignetur, si placet vestre Excellencie, versus Marchiam, ad consola- 
cionem populi Scoticani, et ut effusioni sanguinis parcatur, appropinquare ; 
ita quod fideles regni suum possunt sacramentum conseruare illesum, et ilium 
preficere in regem qui de iure debeat hereditare ; dum tamen ille vestro 
consilio voluerit aderere. Valeat Excellencia vestra per tempora diuturna, 
prosperum et felicem. 

Datum apud Locris, die Sabati, in crastino Sancte Fidis Virginis, anno 
Domini M°cc°. nonogesimo. 

Dorso : Domino Edwardo, Dei gracia Eegi Anglie, Domino Ybernie, 

et Duci Acquitanie illustri, per Episcopum Sancti Andree in 

Scocia. 1 

1 Royal Letters, Public Record Office, London, No. 1302. 



1373.1 GIFT OF GLAMIS TO JOHN LYOX. 433 



137. Confirmation by John, Earl of Carrick, Robert, Earl of Fife and 
Menteith, and Alexander, Lord of Badenoch, of a grant by their 
Father, King Eobert the Second, to John Lyon, of the Thanage of 
Glamis. — 7th January 1373. 1 

Vniuersis ad quorum noticiam presentes litere peruenerint, Johannes, illustris 

Regis Scotie primogenitus, Comes de Carrik, Senescallus Scotie, Robertus, 

Comes de Fyff et de Meneteth, et Alexander dominus de Badynach, eiusdem 

domini Regis filii, eternam in Domino salutem. Cum idem dominus pater 

noster, consideratis et attentis laudabili seruicio et fi deli ac continuis laboribus 

Johannis Lyovne, clerici sui, hucusque sibi impensis et impendendis, inantea 

eidem Johanni per cartam suam concesserit terras Thauagij de Glanmys, cum 

pertinenciis, infra vicecomitatum de Forfar, nos, considerantes laudabilia 

seruicia et labores huiusmodi, ac merita ipsius persone, quoque nobis et 

nostrum cuilibet fidelissimus seruitor quociens requisitus f uerat semper extitit, 

prout a.dhuc existit, prefatas donacionem et concessionem eidem Johanni, sic 

factas per dictum dominum patrem nostrum, de dictis terris ipsius thanagij, 

cum pertinenciis, ratas, stabiles, atque firmas, pro nobis et nostrum quolibet 

habemus et habebimus in futurum ; ac ipsas, pro nobis et nostris heredibus, 

ratificamus, approbamus et per presentes nostras literas in perpetuum con- 

firniamus, secundum tenorem carte dicti domini patris nostri quam inde 

habet : Promittentes pro nobis et nostrum quolibet ac pro nostris heredibus, 

quod dictas donacionem et concessionem ac cartam dicti domini patris nostri 

inde confectam, sic per nos confirmatas, ratificatas et approbatas, ut pre- 

mittitur, nullis vnquam futuris temporibus impugnabimus, reuocabimus, aut 

contra ipsas veniemus in aliquo, communiter vel diuisim, ad quemcunque 

statum. sen dignitatem, eciam regiam, contigerit nos vel aliquem nostrum 

1 Original at Glamis Castle. 
3 I 



434 



CHARTERS AXD MISCELLANEOUS PAPERS. 



[1373. 



assumi, per quamcunque generalem seu specialem reuocacionem uel aliam 
ordinacioneni de terris dominicis aut aliis inantea faciendam, quibusquidem 
reuocacioni et ordinacioni, si que forte in futurum facte fuerint, quoad dictas 
donacionem et concessioneni nullo tempore consenciemus aut consenciet 
aliquis nostrum, sed potius ipsam donacionem et concessioneni nos et quilibet 
nostrum de nouo renouabimus, ratiiicabimus et confirmabimus, renouabitque 
ratificabit et eciam confirmabit, quociens opus fuerit, et super hoc per dictum 
Johannem uel heredes suos fuerimus requisiti uel aliquis nostrum fuerit 
requisites, omnibus modis et formis ac condicionibus, quibus iuxta tenorem 
carte dicti domini patris nostri dicto Jobanni vel heredibus suis videbitur 
expedire. Et si forte aliquis ipsum Johannem vel heredes suos nitatur super 
hoc iudicialiter vel alias impugnare, eundem Johannem et heredes suos, 
contra omnes sic eos impugnare seu inquietare volentes, manutenebimus et 
pro nostris viribus in omnibus defendemus. In cuius rei testimonium sigilla 
nostra presentibus Uteris sunt appensa, apud Edynburgh, die septimo mensis 
Januarij, anno Domini millesimo ccc mo septuagesimo tercio, regni vero dicti 
domini regis patris nostri tercio. 1 



138. Letters- Patent by King Bobert the Second, remitting any irregu- 
larities connected with the marriage of his daughter Johanna de 
Keith and John Lyon of Glamis. — 10th May 1378. 2 

Kobertus, Dei gracia Eex Scottorum, omnibus probis hominibus tocius 
terre sue ad quos presentes litere peruenerint, salutem. Nouerit vniuersitas 
vestra quod cum inter dilectos filiurn Johannem Lyoune, Camerarium Scocie, 



1 Only the seal of Robert Stewart now 
remains attached to the document. It is in 
good preservation, and has been reproduced 



as the centre of the heraldic device on the 
back board of both volumes of this work. 
2 Original at Glamis Castle. 



1378.] SIM JOHN LYON AND THE PRINCESS JEAN. 435 



et Jobannam de Keth, liliam nostras, cle nostri et carissimorum filiorum 
nostTorum Johannis primogeniti nostri de Carryk, Senescalli Scocie, Eoberti 
de Fyff et de Meneteth, comitum, Alexandri Senescalli domini de Badenach, 
et aliorum amicorum et propinquorum consensu et assensu, matrimonium in 
facie ecclesie fuerit, nobis presentibus, solempniter celebratum ; Si inter 
eosdem Johannem et Johannam ante dictam solernpnizacionem, matrimony 
actus aliqui interuenerint, puta matrimonium occulte contractum, solbcitacio, 
carnalis copula, buiusmodi copule carnalis tunc vel aliquo tempore ante 
matrimonium per illam aut aliquem alium, aut aliam, pretensa excusacio, aut 
aliquid huiusmodi quod nobis posset reputari ad displicenciam, vel eis, aut 
eorum alicui, ad perfidiam, infamie notam, seu periculum criminis publici 
vel priuati, Nos, buiusmodi actus preuios tanquam preparatories ad matri- 
monium, matrimonium concomitantes, et ipsi matrimonio Concordes, 
intelligentes, vobis tenore presencium significamus quod erga neutrum 
eorum, occasione huiusmodi actuum, displicenciam retinemus. Ymmo, 
si ex buiusmodi actibus, occasione aliqua, iniuria vel displicencia queuis 
oriri in aliis sit solita, illam et illas penitus remittimus, volentes expresse 
quod neutri eorum sint imputabiles, puta ad perfidiam, infamiam seu 
culpam aliquam criminis publici vel priuati ; Quare tenore presencium 
firrniter probibemus ne quis eis, aut eorum alicui, occasione premissa, in 
iudicio vel extra, actus predictos preuios, aut alios quosque buiusmodi 
similes, imputet, ad culpam, infamiam, perfidiam aut huiusmodi aliquid, 
seu eos aut eorum aliquem exprobret, irritet vel infamet de eisdem, sub 
pena omnium que erga nos amitti poterunt quoquomodo. Et hoc in fide 
et fidelitate quibus nobis tenetur nullus attemptare presuniat. In cuius 
rei testimonium has literas nostras, pro toto tempore vite dictorum Johannis 
et Johanne duraturas, sibi fieri fecimus patentes. Apud Duudonnald 
decimo die Maij, anno regni nostri octauo. 



436 



CHARTERS AND MISCELLANEOUS PAPERS. 



[1413. 



139. Charter by Eobert, Duke of Albany, etc., and Governor of Scotland, 
to Malcolm Fleming of Biggar, and Elizabeth Stewart his wife, 
daughter of the Duke, of the Barony of Biggar, etc. — 28th June 1413. 1 

Bobertus, Dux Albanie, Comes de Fife et de Menteth ac Gubernator regni 
Scocie, omnibus probis honiinibus tocius regni predicti clericis et laicis, 
salutem. Sciatis nos dedisse, concessisse et hac presenti carta nostra 
confirmasse dilecto filio nostro Malcolmo Flemyng de Bigare et Elizabeth 
Stewart filie nostre, sponse sue, ac eorum diucius uiuenti, totas et integras 
terras baronie de Bigare, cum pertinenciis, iacentes infra vicecomitatum de 
Lanark, vnacum toto et integro annuo redditu debito et exeunte de terris de 
le Kers, cum pertinenciis, pertinentibus Abbati et Conuentni Monasterii 
Sancte Crucis de Edinburgh, infra vicecomitatum de Striuelyne ; Quequidem 
terre, cum dicto annuo redditu, cum pertinenciis, fuerunt dicti Malcolmi 
hereditarie, et quas terras, cum eodem annuo redditu, cum pertinenciis, idem 
Malcolmus, non ui aut metu ductus nee errore lapsus, sed mera et spontanea 
voluntate sua, in manus nostras, coram testibus subscriptis, in capella beate 
Marie Uirginis, iuxta pontem de Tay, per fustem et baculum personaliter 
sursum reddidit, pureque simpliciter resignauit, ac totum ius et clameum 
que in predictis terris et annuo redditu, cum pertinenciis, habuit uel habere 
poterit, pro se et heredibus suis omnino quitteclamauit imperpetuum ; 
Tenendas et habendas ac percipiendas totas et integras predictas terras, 
vnacum dicto annuo redditu, cum pertinenciis, dicto Malcolmo et Elizabeth 
filie nostre, sponse sue, et eorum diucius uiuenti, ac heredibus masculis 
inter ipsos legitime procreatis uel procreandis, quibus forte deficientibus, 
veris legitimis et propinquioribus heredibus prefati Malcolmi quibuscunque 
libere reuertendas, de domino nostro rege et heredibus suis, in feodo et 

1 Diplomata Scotia?, No. lxii. 






1558.] THE BARONY OF BIGGAR. 437 

hereditate imperpetuum, per omnes rectas rnetas suas antiquas et diuisas. 
cum omnibus et singulis libertatibus, commoditatibus, et aisiamentis ac 
iustis pertinenciis quibuscunque ad predictas terras, et annuum redditum, 
cum pertinenciis, spectantibus, seu iuste spectare ualentibus quomodolibet 
in futurum, adeo libere et quiete, plenarie, integre et honorifice, bene et in 
pace, in omnibus et per omnia, sicut prefatus Malcolmus predictas terras 
dicte baronie, vnacum dicto annuo redditu, cum pertinenciis, de domino 
nostro rege et heredibus suis, ante dictam resignacionem nobis inde factam, 
liberius tenuit seu possedit ; faciendo domino nostro rege et heredibus suis 
predictus Malcolmus et Elizabeth, sponsa sua, et eorum diucius uiuens, ac 
heredes masculi inter ipsos legitime procreati seu procreandi, qui bus forte 
deficientibus, veri legitimi et propinquiores heredes predicti Malcolmi 
quicunque, de predictis terris dicte baronie et annuo redditu cum pertinenciis, 
seruicia debita et consueta. In cuius rei testimonium presenti carte nostre 
magnum sigillum officii nostri apponi precepimus ; Testibus, reuerendis in 
Christo patribns, Gilberto Episcopo Aberdonense, Cancellario Scocie, Waltero 
Episcopo Brechinense, Johanne Abbate Sancte Crucis de Edinburgh, 
Johanne Comite Buchanie, filio nostro, Roberto de Maxwel de Caldorewod, 
et Johanne Forstare de Corstorfyn, militibus, necnon Andrea de Hawic, 
rectore de Listoun, secretario nostro, apud Perth, vicesimo octauo die mensis 
Junii, anno Domino millesimo quadringentesimo decimo tercio, et guberna- 
cionis nostre octauo. 



1 40. Bond of Manrent by William Chalmer of Drumlochie to David, 
Lord Drummond. — 5th December 1558. [Copy.] 

Be it kend till all men be thir present lettres, me, Williame Chalmer of 
Drumlochie, that forsamekle as ane noble and michty lord, Dauid, Lord 



438 CHARTERS AND MISCELLANEOUS PAPERS. [1558. 



Drummond, and certane vtheris, principalis of the four brancheis, and niaist 
speciall and nerrest of the kin and freindis of vmquhile George Drummond 
of Leidcreif and "Williame Drummond his' sone, for thame selfis and 
remanent kin and freindis of the saidis vmquhile George and Williame, has 
remittit and forgevin to me thair slauchteris, and gevin and deliuerit to me 
thair lettres of slains thairvpoun ; and that I am oblist, be vertew of ane 
contract, to gif the said noble Lord my band of manrent, as the saidis contract 
and lettir of slains deliuerit to me mair fullelie proportis : Thairfore to be 
bundin and oblist, and be thir present lettres bindis and oblisis me and my 
airis in trew and anfald band of manrent to the said noble and mychty Lord, 
as chief to the saidis vmquhile George and Williame his sone, and the saidis 
Lordis airis, and sail tak thair trew and anfauld part in all and sindry thair 
actiouns and caussis, and ride and gang with thame thairin vpoun thair 
expenssis, quhen thay require me or my airis thereto, aganis all and sindry 
personis, oure souerane lady and the auctorite of this realme alanerlie exceptit ; 
and heirto I bind and obliss me and my airis to the said noble and michty 
Lord and his airis, in the straitast forme and sicker stile of band of manrent that 
can be deuisit, na remeid nor exceptioun of law to be proponit nor allegit in 
the contrair. In witness of the quhilk thing, to thir present lettres and band 
of manrent, subscriuit with my hand, my seill is hinging. At Edinburgh, the 
fift day of December, the zeir of God ane thousand five hundreth fiftie 
aucht zeiris, befoir thir witnessis, Andro Eollok of Duncrub, James Eollok 
his sone, Johnne Grahame of Geruok, Maister Johnne Spens of Condy, and 
Laurence Spens his brother, with vtheris. 

Wilzam Chalmir of Drumlochy. 



1686.] GRANT TO JOHN GRAHAM OF DUCHRAY. 439 

141. Precept by King James the Seventh to James, Earl of Perth, 
Chancellor, and the Lords of the Treasury in Scotland, for pay- 
ment of £100 sterling to John Graham of Duchray, and for remission 
of his Feu-duties. — 25th October 1686. 1 
James B. 
Eight trusty and right welbeloved cousins and councellors, right trusty 
and entirely beloved cousin and councellor, and right trusty and wel- 
beloved cousins and councellors, wee greet you well. Whereas wee are 
resolved out of our royall bounty, in consideration of the loyalty, services, 
and sufferings of John Graham of Deuchrie, to bestow upon him a yearly 
pension of five hundred merks Scotts money as a small supply from us 
towards his future subsistance ; and also in consideration that the summe of 
one hundred pounds sterline was granted to him by our deceased royall 
brother of ever blessed memory, whereof (as he informes us) there was not 
any payment ever made unto him : It is now our will and pleasure, that 
you cause the said pension to be duly paid unto him hereafter, conforme 
to our gift therof granted unto him, bearing the same date with these 
presents. And whereas also (as a further mark of our royall favour and 
bounty to him) wee are graciously resolved to discharge him of the few 
duties of his lands held immediatly of us for this crope and year of God 1686, 
and for all years preceding, which are not paid since the last discharge 
granted unto him by our said deceased royall brother, bearing date at 
Whitehall, the 8th day of November 1671 : It is now our will and pleasure, 
and wee doe hereby authorise and require you to give or cause to be given 
unto the said John Graham, such sufficient and valide acquittances and 
discharges of his said few duties for the crop and year of God 1686, and 
of all crops and years preceding, which remaine unpaid since the last 
1 The originals of this Precept and the two following are amongst the Scotch Treasury Papers. 



440 CHARTERS AND MISCELLANEOUS PAPERS. [1686. 



discharge aforesaid, as are usuall in the like cases, and which will effectually 
serve for his full exoneration of the same. For all which, this shall be to 
you and all others respectively who may be therein any way concerned, a suffi- 
cient warrant. And so wee bid you heartily farewell. Given at our Court 
at Whitehall, the 25th day of October 1686, and of our reigne the 2d j r ear. 

By his Majesties command, 
J J Murray. 

142. Precept by King James the Seventh to James, Earl of Perth, 
Chancellor, and the Lords of the Treasury in Scotland, to pay 
George Drummond of Blair the fifth part of the royal duties uplifted 
by him on behalf of the King, and also the fifth part of all composi- 
tions.— 10th November 1687. 
James K. 
Eight trusty, etc., wee greet you well. Having by our commission, 
dated the 16th day of Aprile 1686, granted power unto George Drummond 
of Blair to pursue for and uplift all wards and non-entries, simple and taxt, 
with the releifes thereof, which are fallen due to us or our dearest royall 
brother (of ever blessed memory), of all yeares and termes bygone since the 
first day of August 1674, by the decease in that time of any of our vassalls 
holding their lands off us or our dearest royall brother aforesaid, as Kings, 
Princes, or Stewards of Scotland, in simple or taxt ward, with the avaiiles, 
marriages, simple and taxt, of all lands holden off us in simple or taxt ward, 
or few, cum maritagiis, fallen due as aforesaid, and in time coming, during 
our royall pleasure ; by which commission wee did allow unto the said 
George Drummond a fifth part of what he should recover and compt for by 
vertue thereof, for his paines in uplifting the said casualities, which fifth part 
wee did appoint to be allowed unto him in the first end thereof, together 
with his necessary charges in recovering the same. And by our new com- 



1687.] GRANT TO GEORGE DRUMMOND OF BLAIR. 441 

mission to him, bearing date the 8th clay of this instant, wee have not only 
ratified the former commission, but also impowered him to receive the non- 
entries of all lands holden off us in blench or few ferme, with the non-entries 
of all annualrents fallen due to us since the said first day of August 1674, 
and in time coming, during our royall pleasure, which formerly he received 
as having commission from our right trusty and right wel beloved cousin and 
councellor, James, Earle of Perth, our Chancellor, to whom wee did assigne 
the same untill he shall be paid of the summe of eight thousand pounds 
sterline, granting hereby unto the said George Drummond the same allow- 
ance for recovery thereof as is contained in the first commission. And 
considering the good and faithfull service done to us by the said George 
Drummond in discovering and pursuing for the said casualties (whereof 
formerly small benefite did arise to us), and which by his industry is encreased 
to more than wee could reasonably have expected, severalls, by his discovery 
and diligence, being obleidged to present gifts of the said casualties which 
otherwise would have lyen latent (as they have been heretofore), to be com- 
poned by you, the compositiones whereof he receives without any allowance 
from the parties : Wee, to take off all scruples that may hereafter arise as to 
our intention of allowing unto the said George Drummond a fifth part of the 
said compositiones, have now thought fit to order and allow unto him a just 
fifth part of the same, as well as of what shall otherwayes be received by 
him either from the vassalls or other intromitters with the said casualties. 
Becpiiring you in the accompts that are to be fitted by the said George 
Drummond, to allow unto him, in the first end thereof, the fifth part of the 
said compositiones received, or to be received by him from time to time, as 
well as of what otherwayes shall be received by him of the said casualities, 
together with his necessary charges aforesaid, the remainer being alwayes 
allowed unto the said Earle of Perth, our Chancellor, untill he shall be paid 
3 K 



442 



CHARTERS AND MISCELLANEOUS PAPERS. 



[1688. 



of the said summe of eight thousand pounds sterline, free of all expences, 
conforme to the gift thereof granted by us unto him. For all which, this 
shall be to you, and all others respectively who may be therein any way 
concerned, a sufficient warrant. And so wee bid you heartily farewell. 
Given at our Court at "Whitehall, the 10th day of November 1687, and of 
our reigne the 3d year. 



By his Majesties command, 



Melfort. 



143. Precept by King James the Seventh to James, Earl of Perth, and 
the Lords of the Treasury in Scotland, for payment of an annual 
salary of £100 to Sir Hugh Paterson of Bannockburn, and George 
Drummond of Blair, Keepers of the Signet. — 17th July 1688. 

James E. 
Eight trusty, etc., wee greet you well. Whereas a good while agoe 
wee have taken into our consideration the paines and charges that Sir 
Hugh Paterson of Bannockburn and George Drummond of Blair (keepers 
of our Signett there under our Secretaries of State) have been and still are 
at, about their receiving the black box thrice every week, and as often 
sending the same ; and wee being fully satisfied with their care and diligence 
in that matter, and being resolved to bestow a constant yearly allowance 
hereafter upon them for the same : It is now our will and pleasure, and 
wee doe hereby authorise and require you, out of the first and readiest of 
our rents, revenues, customes, and casualities whatsoever of that our ancient 
kingdome, to pay, or cause to be paid yearly to the said Sir Hugh Paterson 
and George Drummond, the summe of one hundred pounds sterline money, 
to be equally divided betwixt them, and to be paid at two termes every 
year, Whitsunday and Mertimes, by equall portions ; whereof the first termes 
payment is to be at Mertimes next ensuing the date of these presents, 



1689.] RECEIVING AND SENDING "THE BLACK BOX." 443 

and so forth to continue, yearly and termely thereafter during our royall 

pleasure, which yearly allowance of one hundred pounds sterline wee doe 

hereby authorise and require you to adde to the list of fees formerly granted 

by us to our servants there, and to be constantly paid at the same times, and 

in the same manner as our said servants are usually paid of the respective 

allowances granted by us as aforesaid unto them. And in regard it is long 

since wee were graciously pleased to settle the foresaid yearly allowance of 

one hundred pounds sterline upon the said Sir Hugh Paterson and George 

Drummond : It is now our further will and pleasure, and wee doe also 

hereby authorise and require you presently to pay, or cause to be paid, unto 

them, the summe of fifty pounds money foresaid, as an halfe years allowance 

from us unto them preceding the terme of Whitsunday last past in this 

present year of God. For all which, these presents (together with their 

respective receipts for what shall be paid unto them from time to time) 

shall be to you, and all others respectively who may be therein any way 

concerned, particularly to the Lords Auditors of your accompts for allowing 

the same, a sufficient warrant. And so wee bid you heartily farewell. 

Given at our Court at Whitehall, the 17th day of July 1688, and of our 

reigne the 4th year. . . 

° ''By his Maiesties command, ,, 

J J Melfokt. 

144. John Graham of Claverhouse, Viscount Dundee, to Lord Strath- 
naver, giving him an account of King James's affairs. 1 

Struan, July 15, 1689. 
My Lord, — Your Lordships, dated the 3, I received on the 13, and would 
have returned answer befor nou, had I not been called sudenly to Enverlochie 
to give orders anent the forces, armes, and amunition sent from Yrland. 

1 Original at Dunrobin. This letter was written fourteen days before the battle of Killie- 
crankie, where Dundee was killed. 



444 



CHARTERS AND MISCELLANEOUS PAPERS. 



[1689. 



My Lord, I am extreamly sensible of the obligation I have to you for 

offerring your indevors for me, and giving me advice in the desperat estate 

you thoght our affaires wer in. I am perswaded it fiouse from your sincer 

goodness and concern for me and myn, and in return, I asseur your Lordship 

I have had no less concern for you, and was thinking of making the lyk 

adress to you, but delayed it till things should apear mor clear to you. I am 

sorry your Lordship should be so far abused as to think that there is any 

shadou of apearance of stability, in this newe structure of goverment these 

men have framed to themselves. They made you, I dout not, believe that 

Darie was relieved 3 weeks agoe, by printed acounts, and I can asseur you 

it never was, and nou is taken. They told you the Inglish fleet and Dutch 

wer mesters at sea. I knou for certain the French is, and in the Chanel. 

In testimony wherof they have defeated our Scots fleet, for as they came 

alongst, they fell on the tuo frigats, killed the captains, and seised the ships, 

and broght the men prisoners to Mull. They tell you Shomberg is going 

to Yrland to carry the war thither. I asseur you the King has landed a 

considerable body of forces here, and will land himself amongst our friends 

in the West, whom I am sorry for, very soon. So, my Lord, having given you 

a clear and treu prospect of affaires, which I am feared, amongst your folks, 

you are not used with, I leave you to judge if I or you, your family or myn, 

be most in denger. However, I acknouledge francly, I am no less oblidged 

to your Lordship, seing you made me offer of your asistance in a time you 

thoght I needed it. Wherein I can serve your Lordship or family at any 

time you think convenient you may freely imploy me, for as far as mey 

deuty will allou me in the circumstances we stand, I will study your well, 

as beconis, my Lord, 

Your most humble servant, 

From my Lord Stranaver. 



Dundie. 



1695.] JAMES DRUMMOND IN ITALY. 445 

Envernes, 19 Julij 1689. 
This is one ansuer to a letter writen bij my Lord Stranever to the Vicount 
of Dundie at mij desyer, deatet the 3 of July, wichs I saw and aprouved of. 

T. Levingstone. 1689. 

145. James Drummond to his Father, George Dkummond, first of Blair- 
Drummond, during his travels on the Continent. 1 

Venise, ff March 1695. 
Dear Father, — I received last night a letter from Mr. Wallace, very much 
to my satisfaction, but such as I litle expected after the severe ones I had seen 
from your self. But I am glade you have thought fitt to consider the thing 
again, and if not to change your sentiments altogether, yet so fare as to allou 
me some months in Italy, nou I am come this lenth. I acknouledge its 
more then I deserved, after haveing come without your consent. But I am 
hopefull to behave so as you shall have no reason to repent you of your 
condescending to me on this occasion. As to my returning to Utrecht 
against September, I were unworthy of the goodnes you have for me if I 
obeyed it not. My Lord Perth can doe me that justice as to tell you that 
whenever I received your letter I resolved to leave his Lordship, only I 
waited for credit from my brother, and my Lord had actually left me here, 
but that the wayes were so badde he could not travel, and so return'd from 
Padoua hither to pass the holy week, and after that he takes journey for 
Rome through a part of Lombardy, and at last by Loretto. My Lord does 
not design to goe to Naples dureing the time I 'le be with him, so I will be 
obleidged to make that journey alone, and that will cost me a litle money ; 
and except that and what I 'le pay to a master of the language, and one of 

1 Original at Blair-Drummond. 



146 



CHARTERS AND MISCELLANEOUS PAPERS. 



[1695. 



antiquities and history, while I am at Eome, my extraordinarys will be 

very small while I stay, and when I come away be assured I 'le take the 

nearest way home. So if you can allou me a litle in consideration of this, I 

axe no more till I be to come away. Dear father, besides the naturall tye of a 

sone to a father, I have had as many others from your care and goodnes to me 

as perhaps ever any had. But this I reckon beyond any of them, and shall by 

God's grace behave myself henceforth as worthy of it, only be so good as wrytte 

to me once again your self, and tell me your will, and then see if I doe not 

follou it as you desire. There's one thing, I most begge you not to put your 

self in any paine about my religion, and be perswaded that neither traveling 

with my Lord Perth, nor in Italy, will make me other then I am, that is, as 

much averse from the superstition of Popery as from the fanaticism and 

narrouness of Whigry. I begge a line from you by the first post ; and I am, 

Your most obleidged affectionat sone, T „ 

& J. Dkummond. 

My Lord and Lady are well, and shou me all possible kindnes. 

For the Laird of Blair-Drummond, at his lodgeings, Edinbrough, Scotland. 

146. Eob Eoy to John, first Earl of Breadalbane, recommending his 
nephew for a gift of four trees. 1 

Portnellan, November 12th, 1707. 
My Lord, — I long to see your Lordship, and I presume to tell your Lord- 
ship that I have the honour to have come of your Lordship's family, and shall 
keep my dependency suitable to the samine, of which I told your Lordship 
when I parted with your Lordship last ; and what I sayed to your Lordship 
or ever promised shall be keeped while I live. My nephew is to see your 
Lordship, whom I hope will be capable to serve your Lordship, and will do 
1 This Letter and the three following Letters are in the Breadalbane Charter-ehest. 






1711.] LETTEBS BY BOB BOY. 441 



it tho' I were in my grave. He is a young man, so, my Lord, give him 
your advice. He is begging his house, and I hope your Lordship will give 
him a precept for the four trees your Lordship promised him the last time 
I was there. I beg pardon for the subscriveing ; and I am, 
My Lord, 

Your Lordship's servant, 

Eo : Campbell. 

To Eight Honourable the Earle of Braedalbine. 

147. The Same to The Same, requesting his interposition in a quarrel 

between Clansmen. 

Att Portnellan, 4th September 1711. 
My Lord, — I doubt not but your Lordship has heard of this pley that 
was betuixt John Campbell in Innerardoran and Glenfallochs bairns, and 
I hope your Lordship will be att the pains as to bind them both to the peace, 
for quhen they cast out before, Lochdochard and I made them to give bonds 
under the paine of a thousand nierk that they should not medle with one 
another in tymes comeing, and the transgressor was to forfeit the thousand 
merk, or any part thereof, as your Lordship would think fit ; and I am enformed 
that Glenfalloch and Mr. Eobert Stewart in Killine came to Gregor M c Ouile 
and persuaded him to give wp the bonds, to the end that they might be 
destroyed, quhich was done immediatly, and I am fulily persuaded that 
Gregor M c Ouile would never give up the bond if he were not advised by the 
minister to doe it. I beg pardone for this trouble ; and I am, 

My Lord, 

Your Lordships servant, 

Eo : Campbell. 
To the Eight Honourable the Earle of Breadalbine. 



us 



CHARTERS AND MISCELLANEOUS PAPERS. 



[1711. 



148. The Same to The Same, in further reference to the quarrel. 

Att Corrycheyrich, 15th September 1711. 
My Lord, — After parting with your Lordship, I meet with young Glenfalloch, 
and after some discourse that past betuixt him and me, he told me that the 
bond that Gregor M c Ouile gave was in Lochdochards custody undistroyed, 
and if it be soe, it looks very ill fard. Itt looked nothing lyke fair dealling 
to Glenfalloch and the minister to come upon the Sabbath day to Gregor 
M c Ouils house, when his sone was from home, and to tell him that all was 
destroyed, and to keep up ther oun, as I said before. Houever, I hope your 
Lordship will call for the bond from Lochdochard. I am lykewise hopefull 
your Lordship will lose no tyme in setling this affair. I would be content to 
know what answer my Lord Drummond has sent to your Lordship. I beg 
pardone for this trouble ; and I am, My Lord, 

Your Lordships servant, 



Eo : Campbell. 



To the Eight Honourable the Earle of Breadalbine. 



149. Letter from Bob Eoy to a Co-arbiter, 1 whose name is wanting in the 
letter, relative to a dispute about a cow. 2 

At Portnellan, 24th June 1711. 
Sir, — Archibald M c Intyr was here, who was telling me that the cowe that 
was betuixt him and Duncan Ban is submitted to you and me, and were to 
meet against Thursday nixt, in order to take it away. Its impossible for me 
to meet against the said tyme. However, I am sure we will agree it against 
our first meeting. This is all, with my service to your bedfellow, safe that I am, 

Yours as formerly, E : CAMPBELL. 

1 Address torn off. 2 Original penes John Graham, Esq. of Glenny. 



S'c^s 



"Ai< 






l ^y 



toUtUs 9UJL ^ZJfusJht 






<«^ 



^ ^^^.^M ffh^-f 




1735.] INVENTORY OF ROB ROY'S EFFECTS. 449 

150. Testament-Dative of Eob Eoy, who died in December 1734, given up 
by bis widow, Mary M'Geegoe or Campbell. The Confirmation is 
dated 6th February 1735. 1 
The Testament Dative and Inventary of the goods, gear, cattle, house- 
hold plenishing, and others which pertained to the deceast 
Eobert Eoy Campbell in Innerlochlarig-beg, within the parish of 
Balquhidder and commissariot of Dunblane, the time of decease 
which was in the moneth of December last, faithfully made and 
given up by Mary M'Grigor, alias Campbell, the defunct's spouse, 
only executrix dative decerned as creditrix to her said deceased 
husband, for payment and satisfaction to her of the sum of 
four hundred and thirty-six pouuds, ten shilling and four pennies 
Scots money, expended and debursed by her on the defunct's 
funerals, and for masters rents and servants fees, and for medica- 
ments and other necessaries furnished during his sickness, con- 
form to a particular accompt and several instructions thereof pro- 
duced, whereon she made faith, as use is ; as also for payment of 
the expences of confirmation hereof by decreet of the Commissary 
principal of the said Commissariot, as the samen, of the date of 
these presents, in itself more fully bears. 

There were pertaining and belonging to the said defunct the time of his 
decease foirsaid, the goods, gear, and others aftermentioned, of the values after 
express'd, according as the samen were valued in virtue of the said Com- 
missarys warrant, vizt. : — Imprimis, two tydie cows, at eight pound Scots 
per piece ; inde, sixteen pound. Item, two yeald kine, estimate at six pound 
Scots per piece ; inde, twelve pound. Item, two old kine with a stirk, 

1 Commissariot of Dunblane, Testaments, vol. 19. The grave of Eob Eoy is in the church- 
yard of Balquhidder. 

3 L 



150 CHARTERS AND MISCELLANEOUS PAPERS. [1735. 



estimate at six pounds, thirteen shilling and four pennies Scots per piece ; 
inde, thirteen pound, six shilling and eight pennies. Item, two forrow kine, 
with a stirk, estimate at seven pound, six shilling and eight pennies Scots 
per piece ; inde, fourteen pound, thirteen shilling and four pennies. Item, 
two six quarters old queys, estimate at two pound, thirteen shilling and four 
pennies Scots per piece; inde, five pound, six shilling and eight pennies. 
Item, a ten quarter year old quey, estimate at three pound. Item, thirteen 
ews and one ram, estimate at fourteen pounds. Item, seven hoggs, estimate 
at three pound, ten shilling. Item, fourteen goats with a buck, estimate at 
twenty pound. Item, eight minchaks, estimate at four pounds. Item, ane 
old rnair with a filly, estimate to eight pound. Item, two horses, estimate to 
thirty pound. Item, a blind horse, estimate to one pound, ten shilling. 
Item, two bolls of gray corn with the straw, estimate to ten pound. Item, 
the hey, estimate to twelve pound. Item, the saddle and armes, estimate with 
the bridle, twenty four pounds. Item, betwixt his body cloaths and heall 
house plenishing, estimate to eighty four pound, six shilling and eight 
pennies. 

Item, the said defunct had justly addebted and resting to him the time 
foresaid of his decease, by Alexander M c farlane in Corectlet, the sum of one 
hundred pounds Scots money, and whole annualrents thereof as a part of 
the sum of six hundred merks Scots money principal, specified in a bond 
granted by him to the said defunct, therein designed Eobert Campbell of 
Innersnait, dated the twenty eight day of November and day of 

one thousand hundred and seven years. 
Summa, 

Confirmed 6th February 1735. Eaynold Drummond and John Fisher 
of Tayenrouyoch, cautioners. 



1738.] MARRIAGE OF GEORGE, THIRD OF BLAIR-DRUMMOND. 451 

151. Jean Carre, Wife of James Drummond, second of Blair-Drummond, to 
her eldest Son George on his marriage. 

Blair-Drummond, 13th May 1738. 
Dear George, — I have been so distress'd with ill health for some time past, 
that it has kep't me from expressing my satisfaction (in writting) of the affair 
you have in hand, and believe me when I tell you it gives me the greatest 
joy that you are going, as the world calls it, to settle, so much to your father 
and uncles inclinations, and at the same time so much your own choice and 
to your taste. I think so great a piece of good fortune, that it ought to 
make me bear misfortunes that has happen'd me before, not only with the 
greater patience, but even to forget them. Pray make my compliments in 
the best manner to the lady that is your mistress, and when the ceremony of 
your marriage is over, let me hear directly from you, and no sooner. I have 
great hopes that the lady will answer in every particular the fair and good 
character she has by every body that knows her, and as she is an honour to 
your family, that she will likewise be a blessing. 

I have just now heard that your good acquaintance Lord Primrose has 
married a great fortune. If it is so, I wish him joy with all my heart. I 
can't say your friend and companion, John Eenton, has managed his matri- 
monial scheme quite so well as might have been expected. It wou'd seem 
he made proposals to the lady before his father was acquainted, and he stands 
obstinately out against the match. I know not what time may produce, but 
however it goes, he has neither done himself nor the lady a favour in the 
way he has managed matters. Give my affectionate service to your uncle, 
whom all of us are under the greatest tyes of gratitude to. Wishing that 
health and happiness may ever atend you, I am, 

Your affectionat mother, 
rp r, -p. i -v Jean Carre. 

To George Drummond, Lsqr. 



452 



CHARTERS AND MISCELLANEOUS PAPERS. 



[1745. 



152. Commission by Prince Charles-Edward, when he was in possession 
of the Palace of Holyrood, to Michael Brown, as Lieutenant- Colonel 
in the Begiment of Foot commanded by William, Duke of Athole. 1 

Holyrood Palace, 31st October 1745. 
Charles, P. E. 

Charles, Prince of Wales, etc., Eegent of Scotland, England, Prance, and 
Ireland, and the dominions thereunto belonging, to Michael Brown, 
Esquire, greeting. We, reposeing especial trust and confidence in your 
courage, loyalty, and good conduct, do hereby constitute and appoint you to 
be lieutenant-collonel of his Majesties forces in the regiment of foot com- 
manded by our right trusty and well-beloved cousin, William, Duke of 
Atholl, and to take your rank in the army as such from the date hereof. 
You are therefor carefully and dilligently to discharge the duty and trust of 
lieutenant-collonel aforsaid, by doing and performing every thing which 
belongs thereto. And we hereby require all and every the officers and 
soldiers of our forces to observe and obey you as a lieutenant-collonel, and 
yourself to observe and follow all such orders, directions, and commands as 
you shall from time to time receive from us, our Commander-in-chief for 
the time being, or any other your superior officer, according to the rules 
and discipline of war, in pursuance of the trust hereby reposed in you. 
Given at our Palace of Holyrood House, the thirty-first clay of October 1745. 

O, P. E. 

1 Original at Blair-Drummond. 



453 



ARMORIAL SEALS. 

THE exact cognisance borne by the ancient Earls of Menteith has hitherto been 
a wholly obscure point of heraldry. The earliest seal preserved, as used by 
any possessor of that earldom, namely, that of Isabella, Countess of Menteith, 
attached to a grant made by her in 12G0 (see ante, p. 213 of this vol.), contains 
no shield nor any trace of armorial bearings. There was, therefore, no clue, or at 
least but a doubtful surmise, as to the true armorial cognisance of the ancient 
earldom of Menteith, until the present writer was led to investigate the subject, 
and to come to the conclusion, fully stated in the Introduction to this work, that 
the seal of Sir Edmund Hastings, attached to the letter written in 1301 by the 
barons of England to Pope Boniface VIII., represented the original armorial 
bearings of the Earls, part of whose territory he for the time possessed through 
his marriage with the heiress. This seal had hitherto been accounted and 
described as a purely Drummond seal. 

As the arms of the ancient Earls of Menteith have no place in any work on 
heraldry, it is impossible now to state accurately what were the tinctures borne 
on their shields. The tinctures of the armorial bearings carried by the family of 
Drummond, vassals of the ancient earldom of Menteith, who assumed the " bars 
wavy " as their cognisance, are, or three bars wavy gules. But whether these were 
the true tinctures borne by the ancient Lords of the earldom, or whether there 
was any change as a token of vassalage or otherwise, cannot now be known. As 
already stated in the Introduction, the seal of Sir Edmund Hastings exists now only 
in an imperfect condition, and no conclusions can be drawn from its present appear- 
ance. In 1624 and 1629, however, when the seal was perfect, careful drawings 
of it were made by Heralds of the College of Arms, London ; and judging from 
the engravings of these drawings, the tinctures were then assumed to be argent, 
three bars wavy azure, but this may be merely conjectural. Sir Harris Nicolas 
describes the seal simply as a shield charged with barry of six wavy, with an 
imperfect legend. 



454 



ARMORIAL SEALS. 



The following references are to seals now existing, the owners of which were 
more or less connected with the earldom of Menteith : — 

1. Seal of Isabella, Countess of Menteith. — This seal, which is much 
mutilated, is oval in shape, and represents, as usual with the seals of heiresses at 
that period, simply a figure, apparently a female, in long flowing robes. The 
legend is very imperfect. [. . Isabellae . . de . . . tei .] Vide page 213 of 
this volume. The seal of Walter Comyn, Earl of Menteith, is not known to 
exist. Sir James Balfour, Lyon, mentions that he bore the garbs gules, instead 
of or, as usual. 

2. Seal of John Comyn, son of the Earl of Buchan. — A shield bearing 
three garbs, with a label of three points. S' Ioh'is Comin. Fil. Com. de 
Buchan. 1 No. 12, p. 464, postea. 

3. The Seal of Sir John Comyn, presumed nephew of Walter Comyn, 
Earl of Menteith. — The same arms as the preceding, without the label. " S' 
Domi[ni Joann]is Cvmin." No. 13, p. 464, postea. 

4. Seal of Alexander Comyn, Lord of Buchan, 1292. — He was younger 
brother of Walter Comyn, Earl of Menteith. An eagle displayed, bearing on its 
breast a shield charged with three garbs. On the dexter and sinister sides of the 
eagle's head appear two figures, resembling three small balls or pearls arranged 
triangularly. " S' Alexandri Cumyn d. Bvc'." 2 No. 14, p. 464, postea. 



5. Seal of Walter Stewart, Earl of Menteith, 1292. — A shield bearing 
a fess cheque, with a label of five points as a difference. Above the shield is a 
crescent. On each side of the shield appear three projections resembling eagles' 
feet. " S' Walteri Senescalli Comt' de Menetet." 3 No. 1, p. 461, postea. 



1 Detached seal in Public Eecorcl Office, 
London. 

2 Appended to Deed of Homage to Edward 
First, in Her Majesty's Public Record Office, 



London. 

3 Original appended to Deed of Homage to 
Edward First, 1292, in Her Majesty's Public 
Eecord Office, Loudon. 



ARMORIAL SEALS. 455 



Although Walter Stewart obtained the dignity of Earl of Menteith, it appears 
from this seal that he did not take the arms of the ancient earldom, but retained 
his own paternal coat of the fess chequ6. 

6. Seal of Alexander [Menteith], sixth Earl of Menteith, son of the 
preceding, circa 1296. — An eagle displayed, bearing on its breast a shield charged 
with three bars wavy, surmounted by a fess cheque. A label of five points. " S' 
Alexandri Comitis de Meneteth." 1 No. 2, p. 461, postea. 

This shield has hitherto been described as bearing a " shield charged with a 
fess invecked surmounted by another [fess] cheque ; but there is good reason, as 
stated in the Introduction to this work, for believing this to be erroneous. The 
peculiar blazoning is explained by presuming that the so-called " fess invecked " 
is really the three bars wavy, the arms of Earl Alexander's mother as heiress of 
Menteith, while the surmounting fess is the well-known arms of the Stewarts, 
inherited from his father. The seals of the subsequent Earls of Menteith have 
not been discovered. If such seals had been found, they would probably have 
contained the bars wavy in some form. It will be seen that the two Dukes of 
Albany, who were Earls of Menteith in their own right, did not bear the bars 
wavy in any of their armorial seals which remain. 

7. Seal of Sir John Menteith, brother of the preceding, and younger son of 
Walter Stewart and Mary, Countess of Menteith, circa 1297.— A double-headed 
eagle displayed, bearing on its breast a shield charged with a fess chequ6, sur- 
mounted by a bend. A label in chief, of six points, three of which are visible. 
" Sigill' Iohannis de Menetet." 2 As the seal is engraved, the bend appears as if 
charged with a crescent ; but this is uncertain, the original showing merely an 
inequality on the wax. No. 3, p. 461, postea. 

8. Seal of Sir Edmund Hastings, Lord of Enchimchelmok [Inchmahome], 
husband of Isabella Comyn, daughter of Walter Comyn, Earl, and Isabella, Countess 

1 Appended to Deed of Homage, 1296, in 2 Detached seal in Public Record Office, 

Public Record Office, London. London. 



456 



ARMORIAL SEALS. 



of Menteith, appended to the letter addressed to Pope Boniface viii. in 1301 by the 
barons of England, preserved in duplicate in the Public Record Office, London. — 
The smaller of the two engravings here given is from drawings taken in 1624 and 
1629, when the seal was perfect, by members of the College of Arms, London. It 
shows a shield bearing three bars wavy, with a branch of foliage on either side of 
the shield, and a lizard on the top. " S. Edmvndi Hasting Comitatv Menetei." 
No. 4, p. 461, postea. 

The second of the two engravings is from the late Mr. Henry Drummond's 
History of Noble British Families, the original seal in the public Record Office, 
London, having been compared with the engraving of it in his work. This engrav- 
ing shows the later condition of the original seal. No. 5, p. 462, postea. 

9. Seal of Robert Stewart, Earl of Fife and Menteith, afterwards 
Duke of Albany. 1373. — A shield bearing a fess cheque. A mollet of five 
points in the dexter chief. The shield in centre of tracery. " S. Roberti 
Senescalli." Appended to a charter by John, Earl of Carrick, and his two 
brothers, confirming a grant to Sir John Lyon of the Thanage of Glamis, 7th 
January 1373, in the Glamis Charter- chest. [Represented in the centre of the 
heraldic device on the back boards of both volumes of this work.] 

10. The same, 1403. — Couche. Quarterly: first and fourth, a lion rampant, 
for the earldom of Fife ; second and third, a fess cheque, with a label of five points 
in chief. Crest, issuing from a wreath cheque on the top of a close helmet with 
mantling, a boar's head and neck between two trees. Supporters ; two lions 
sejant gardant, coue. The background ornamented with foliage. " S' Roberti 
Ducis Albanie Comitis de ffyf et de Mentech." 1 No. 8, p. 463, postea. 

Albany carried the arms of Fife, but not of Menteith, so far as appiears from 
those seals of his which have been discovered. 



11. The same, as Governor of Scotland, 1413. — His great seal, 2 
appended to a charter granted by him to Malcolm Fleming of Biggar and 



1 Appended to a chai'ter to the Abbey of 
Melrose, 1403. — Melros Charters. 



2 This seal has hitherto been somewhat 
overlooked. The drawing in this work has 



ARMORIAL SEALS. 457 



Elizabeth Stewart, the Governor's daughter, of the lands of Biggar, dated at 
Perth, 28th June 1413. 

The design of the seal is similar to that of a great seal used by the Duke's 
father, King Robert the Second, as appended to a charter dated in 1386. 1 The 
obverse represents the Governor seated on a throne beneath a Gothic canopy, 
ornamented in a style similar to, but less richly than, that in his father's seal, 
with the addition of a lion sejant affront6 on each side of the feet of the Governor, 
who carries a sword in place of a sceptre. His robes are similar to those depicted 
in the royal seals. On his head is a closed cap, with five jewels, or what at that 
period passed as a ducal coronet. At each side of the throne appear embattled 
buttresses, the niche in that on the dexter side containing a shield bearing the 
arms of Scotland, supported by a harpy-like figure with human face, -wings, and 
eagle-like claws, which is called by the present Lyon King a "grotesque animal." 
The buttress on the sinister side of the throne contains a similar figure supporting 
a shield bearing the Governor's arms, quarterly : first and fourth a lion rampant, 
armed and langued, for the earldom of Fife ; second and third, a fess cheque, for 
Stewart, with a label, in chief, of three points. Above the battlements on each 
side is a man leaning over. The legend is in Gothic, not in Roman characters as 
usual in great seals. " Sigillum Roberti Ducis Albanie Gubernatoris Scocie." 
[This seal is shown on a lithograph between pp. 238 and 239 of vol. i. of this 
work.] 

1 2. The reverse of the last. — The design of this also resembles that on 
the seal of King Robert the Second, above referred to, with the variation of 
foliage springing from the foreground on which the horse is galloping. The 
armour of the equestrian figure is wholly of plate. The jupon is worn close over 
the hauberk, is without fringe, and is embroidered with a lion rampant, armed 
and langued, for the earldom of Fife. The lion of Scotland, with the double 
tressure, is borne on the shield carried by the horseman. The helmet is close 

been made from that given in Anderson's several seals in the General Register House, 

" Diplomata Scotia? " as a groundwork, com- Edinburgh. 

pared with and corrected from fragments of 1 Melros Charters. 

3 M 



■158 



ARMORIAL SEALS. 



fitting, with perforations for admission of air. The top is peculiar, not being 
rounded or peaked, but somewhat flat, with a projecting front. It is surmounted 
by a lion statant gardant. The caparisons of the horse are ornamented with the 
lion of Scotland, embroidered on flank and rear, while the housings on the neck 



show the blazoning of Fife. 



[Lithographed as above.] 



13. Seal of Murdach Stewart, Earl of Fife and Menteith, and 
second Duke of Albany, son of the preceding. 1392. — A small seal used 
by him when acting as Justiciar north of the Forth. A shield bearing a double 
tressure, flory and counter flory, supported by a figure (imperfect) like an eagle. 
An E. in the centre of the shield. " S . . . parte boreali aque de Forth." 1 
No. 9, p. 463, postea. 

The seal of Murdach, Duke of Albany, Earl of Fife and Menteith, is similar 
to that of his father, No. 10, supra, excepting the legend. 

1 4. Great Seal of Murdach as Governor of Scotland. — In every detail, 
except the words of the legend, the same as Nos. 11 and 12 preceding. 
" [Sigillum] Murdaci Ducis Albanie Guber[natoris Scocjie." Appended to a com- 
mission to Ambassadors to treat with the English King as to liberation of 
King James the First, 19th August 1423. 2 



15. Seal of Malise Graham, first Earl of Menteith. 1453. — A shield 
charged with a chequ6 for Stewart, surmounted by a fess (intended for a chief), 
charged with three escallop shells, for Graham. The shield surrounded with 
light tracery. " Sigillum [Malisei] Comit. de Menteth." Appended to a charter 
by him granting to James, Lord Hamilton, and Eufamia his spouse, the lands of 
Illieston, in the county of Linlithgow. 17th December 1453. 3 No. 6, p. 462, 
postea. 



1 Appended to a certification by him as 
Justiciar, dated 20th May 1392. — Grandtully 
Charter-chest. 



Diplomata Scotia?, No. lxiv. 



Duke of Hamilton's Charter-chest. 



ARMORIAL SEALS. 459 

16. Seal of William Graham, third Earl of Menteith. 1539. — 
Quarterly : first, three escallop shells in fess (intended for a chief), for Graham : 
second and third, two chevrons, for Strathern ; fourth, a fess cheque^ for Stewart. 
" S. Vilelmi Comitis de Meteht." Appended to a precept of sasine for infefting 
James, Earl of Arran, in the lands of Illieston. 14th May 1539. 1 No. 7, p. 462, 
■postea. 

17. Seal of John Graham, fourth Earl of Menteith. 1551. — " Quarterly; 
first and fourth, three escallop shells for Graham ; second and third per fess, in 
the first two chevrons for Strathern ; the second cheque 1 no doubt meant for the 
Stewart fess ; slight foliage surrounds the shield. ' S' Johannis Grahem Comitis 
de Menteith.' " This description of the seal is given in Laing's " Ancient Scottish 
Seals," and it is said to be appended to a sasine of the lands of Drumlaw, etc., 
in favour of Mariota Campbell, daughter of John Campbell of Glenurquhay, 
2d November 1551. Breadalbane Charters. 

18. Seal of William Graham, seventh Earl of Menteith, Earl of 
Strathern, and first Earl of Airth. 1622. — Quarterly : first and fourth, on 
a chief three escallop shells, for Graham ; second and third, a fess cheque^ for 
Stewart, in chief a chevron for Strathern. Crest, on a helmet with mantlings and 
collared, above an Earl's coronet, an eagle's head. Supporters two lions rampant, 
armed and langued. Motto, on a ribbon issuing from behind the crest, " Eight 
& Eeasovn." " S' Willelmi Comitis de Monteath Domi' Kilbryd et Kilpovnt." 2 
No. 10, p. i63, postea. 

1 9. Seal of William Graham, eighth and last Earl of Menteith, and 
second and last Earl of Airth, grandson of the preceding. 1663. — Is 
described in Laing's "Ancient Scottish Seals" as a "very well executed signet." 
The shield contains the same quarterings as the previous seal No. 1 8. " Above the 
shield a coronet, and around it the initials W " M. (William, Earl of Menteith)." 

1 Duke of Hamilton's Charter-chest. 2 Detached seal. 



460 ARMORIAL SEALS. 



20. Seal of the Same. 1679. — Quarterly as before. Above the shield is a 
coronet, but the initials are omitted. The chevron in the second and third 
quarters is very deep, resembling " a chevron transposed," and has a curious mark, 
giving it the appearance of the letter A. Affixed to letters by the Earl to his 
uncle, Sir James Graham, in the Duke of Montrose's Charter-chest at Buchanan. 

21. Seal of Sir James Graham, second son of the seventh Earl of 
Mentkith. 1679. — Quarterly, precisely the same as his father's, the coronet being 
omitted. The crest, above a knight's helmet with mantlings, an eagle's head. 

22. Seal of John Grahame of Claverhouse, afterwards Viscount of 
Dundee. 1681. — Within a double tressure, fiory and counter flory, a chief, 
indented, charged with three escallop shells. Crest, over a knight's helmet with 
mantlings, a phoenix rising out of flames. Affixed to letters to William, eighth 
Earl of Menteith, in Charter-chest at Buchanan. 

23. Seal of the Priory of Inchmahome. 1562. — A round seal, with a good 
design of the Virgin sitting, with the infant Jesus on her left arm, and holding a 
lily in her right hand. She is surrounded with an aureole of a trefoil form and 
foliage. The infant holds in the left hand a ball or orb, while the right hand is 
upraised in the attitude of benediction. In the lower part of the seal is the 
figure of a bishop, perhaps St. Colmocus, in pontifical vestments, his right hand 
bestowing a benediction, and the left holding the crozier. " S' Comvne de Insula 
Santi Colmoci." Appended to charter by David Erskine, Commendator of Inch- 
mahome, to John, Lord Erskine, of the lands of Boirland, 8th August 1562. 
No. 11, p. 464, postea. 



ARMORIAL SEALS OF EARLS OF MENTEITH. 




No. 4. 

1. Walter Stewart, fifth Earl of Menteith, 1292. 

2. Alexander his son, sixth Earl of Menteith, 1296. 

3. Sir John Menteith, younger son of fifth Earl, circa 1297. 

4. Sir Edmund Hastings' seal of the earldom of Menteith, 1301. 



462 



ARMORIAL SEALS OF EARLS OF MENTEITH. 




No. 6 



5. Sir Edmund Hastings' seal, 1301. Present condition. 

6. Malise Graham, first Earl of Menteith, 1453. 

7. William Graham, third Earl of Menteith, 1539. 



ARMORIAL SEALS OF EARLS OF MENTEITH. 



4G3 




8. Robert, Duke of Albany, Earl of Fife and Menteith, 1403. 

9. Murdach his son, as Justiciar north of Forth. 

10. William Graham, seventh Earl of Menteith, Earl of Strathern, and first Earl of Airth, 1622. 



464 



COMYN AM) INGHMAIIOME SEALS. 




No. II. 






No. 12. 



No. 13. 



No. 14. 



11. Common Seal of the Priory of Inchmahome (founded 123S), 1562. 

12. John Comyn, son of the Earl of Buehan. 

13. Sir John Comyn. 

14. Alexander Comyn, Lord of Buehan, 1292. 



SIGNATURES OF EARLS OF MENTEITH. 

7U aC* iL <lft£«^*Wc,f /£* 



No. 1. 







thy/fa 



<r 



No. 6. 



No. 7. 

1. Malise Graham, first Earl of Menteith, 4. William, fifth Earl, 1571. 
1453. 5. William, seventh Earl, 161S. 

2. Alexander, second Earl, 1503. 6. The same as Earl of Airth, 1G39. 

3. William, third Earl, 1539. 7. William, eighth Earl, 1679. 

3 N 



SIGNATURES OF SOVEREIGNS AND ROYAL 

PERSONAGES. 




\WiMk^_^ 



No. S. 




No. 11. 

S. Margaret, Queen of Scotland, widow of 
James iv., 152S. 

9. King James the Sixth, 1578. 



No. 12. 



10. King Charles, the First, 162T. 

11. The same (initials), 1630. 

12. King Charles the Second, 1650. 



SIGNATURES OF SOVEREIGNS AND ROYAL PERSONAGES. 467 




r<o 




No. 13. 





No. 14. 




No. 15 



13. King James the Sixth, 1580. 14. King James the Eighth (the Pretender), 1720. 

15. Prince Charles-Edward, 1745. 



468 



MISCELLANEOUS SIGNATURES. 



jicidvu-fv^ 



No. 16. 




'MndUf 



No. 17. 



fi^T 



&?7, 



No. 18. 




No. 20. 



16. Thomas, first Earl of Haddington, IS. General Geor-ge Monek, 1657. 
1629. 19. John Grahame of Claverhouse, 1679. 

17. Sir William Alexander, first Earl of 20. James, third Marquis of Montrose, 
Stirling, 1630. 1679. 



469 




OF PERSONS 



Aberdeen, Alexander, bishop of, II. 26S. 
Gavin Dunbar, bishop of, II. 372, 373, 

375, 393, 394, 399. 
Gilbert Greenlaw, bishop of, I. 166, 193, 

199; II. 286, 437. 

Gilbert de Stryuelin, bishop of, II. 

328. 
John Rait, bishop of, I. 122 ; II. 237. 

Patrick Forbes, bishop of, II. 88. 

Richard de Potton, bishop of, I. 39. 

William, bishop of, II. 333. 

Abernethy (Abyrnethine), Sir Alexander of, I. 

79, 85, 444 ; II. 223. 

Sir Hugh of, I. 37, 40 ; II. 213, 217. 

Laurence of, II. 215. 

Sir William, sixth of Saltoun, I. 238. 

Lady Maria Stewart, his wife, I. 238. 

William and Patrick, their sons, I. 238. 

Aboyne, William, Lord of, I. 19. 

Absolon, II. 218. 

Gilbert, his son, II. 218. 



Acheson (Achisone), Sir Archibald, of Glen- 

carny, Secretary of State, I. 351, 353, 

354, 369; II. 2, 8, 13, 19, 83, 114, 115, 

117-119. 
Airth, William, first Earl of, I. xxi, xxxiv, Ixxi, 

322, 361-394, 396; II. 49, 50-6S, 71, 

147-150, 152-158, 160-164, 459, 460. 

See also Menteith. 
Lady Agnes Gray, Countess of, his wife. 

See Menteith. 
William, second Earl of, I. xxi, xxii, 3S9, 

390, 406 ; II. 71, 72, 159, 164-168, 459, 

460. See also Menteith. 
■ Anne Hewes, Countess of, his first wife. 

See Menteith. 
Katherine Bruce, Countess of, his second 

wife. See Menteith. 
Akinhead (Akynhewyde), Sir Walter of, I. 91, 

512; II. 223. 
Alan, son of the Earl, I. 40. 
Albany, Alexander, Duke of, I. lxiii, 281. 




470 



INDEX OF PERSONS. 



Albany, Prince Arthur, Duke of, I. 281. 

Prince Charles, afterwards King Charles 

the First, Duke of, I. 281. 
Prince Charles, afterwards King Charles 

the Second, Duke of, I. 281. 

Prince Charles Edward, Count of, I. 282. 

Charlotte Stuart, his daughter, styled 

Duchess of, I. 282. 

Frederick, Duke of, I. 282. 

Henry Lord Darnley, Duke of, I. Ixiii, 

2S1. 

■ Prince James, Duke of, I. 282. 

John, Duke of, I. Ixii-lxiv, 281. 

Murdach, second Duke of, I. xviii, xx, 

lxxvii, 11, 130, 161, 173, 180, 184, 185, 

188, 194, 197, 208, 212-214, 220-223, 

226, 236 ; Memoir, 239-2S0 ; 281, 283- 

285, 288, 289, 291, 472, 476-479, 481, 

482, 497, 505, 518 ; II. 266, 269, 286, 

288, 291, 292, 455, 458. 
Isabella, Countess of Lennox, Duchess of, 

his wife, I. 161, 239, 241,242, 272, 277, 

278, 280, 477, 478. 
Their children — 

Robert, of Fife, I. 211, 246, 278, 279. 

Sir Walter of Lennox, I. 211, 261-263, 
269, 271-276, 278-28